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CIVICS AND CITIZENSHIP 



A TEXT-BOOK FOR THE BOYS AND GIRLS OF KANSAS 
WHICH IS INTENDED NOT MERELY TO GIVE 
THEM INFORMATION, BUT TO ASSIST THEM 
IN DEVELOPING A QUALITY OF CITIZEN- 
SHIP THAT WILL MAKE THEM 
WORTHY OF THEIR HERITAGE 



BY 

ANNA E. ARNOLD 

SUPERINTENDENT OF SCHOOLS, CHASE COUNTY, KANSAS 




ANNA E. ARNOLD, Publisher 
1912 






Copyright, 19x2 

BY 

ANNA E. ARNOLD 



E1)e HafefStHe Prrs0 

R. R. DONNELLEY & SONS COMPANY 
CHICAGO 



-^.^O 



PREFACE 

The text-book in civil government that concerns itself 
exclusively with an analysis of the machinery and powers 
of government leaves in the pupils' minds a gap between 
the subject-matter studied and the conditions surrounding 
them that they seldom bridge. They see little connection 
between civil government and the problems that they hear 
discussed on every side. A knowledge of the fundamental 
principles of government is necessary, but it is necessary 
because it must serve as a basis for a knowledge of the 
workings of government. 

The real purpose of the study of civics is that of training 
for citizenship. The pupils should be led to see the 
relation between government and the everyday affairs 
of life, and the relations of individuals to each other; 
the relation of health, education, and industry to the 
public welfare; the relation of honesty to civic duties; 
the importance of obedience to law and authority. 

There is nothing more interesting to the boys and 
girls than the affairs of the world in which they are so 
soon to take part, and if it can be made clear to them that 
their welfare will depend largely upon government, there 
will be no question about their interest in this subject. 
This result can be brought about only by making the 
study of government as personal as possible, through a 
study of the home, the school, and the commimity. A 
text-book can at best be but a framework for such study; 
it should be amphfied by observing local conditions, and 
the functions and activities of local government. The 
facts learned in the various chapters concerning such 

iii 



iv PREFACE 



matters as health, education, charity, labor, taxes, and 
elections should be appHed by the pupils to their own 
communities. 

Studied in this way, civil government will bring the 
pupils into touch with the life about them; it will open 
their eyes to the problems that their parents are discussing, 
it will stimulate in them a desire to take an intelligent 
part in public affairs and to assist in the solution of the 
problems. The object should not be merely the acquisi- 
tion of a number of facts, but the pupils should become 
imbued with the spirit of American government. It 
should be remembered that, ' ' The letter killeth, but the 
spirit maketh alive." 



CONTENTS 

LOCAL AND STATE GOVERNMENT 

Chapter Page 

I. Necessity for Laws i 

IL The Home and the Community 5 

III. Government g 

IV. Public Health . 14 

V. Education 24 

VI. The Criminal and Incapable 36 

VII. Protection of Person and Property . . . 43 

VIII. Contracts 51 

IX. The Land 74 

X. Industrial Development 83 

XL Transportation 96 

XII. Elections 108 

XIII. Taxation 124 

XIV. Local Government 133 

XV. State Government 146 

Constitution of Kansas ....... 153 



XVL 

XVII. 

XVIII. 

XIX. 

XX. 

XXI. 

XXII. 

XXIII. 

XXIV. 

XXV. 

XXVI. 

XXVII. 



NATIONAL GOVERNMENT 

Development of National Government . . 177 

The Two Houses of Congress 184 

The Method of Passing Laws 197 

The Powers of Congress 205 

Powers Denied to Congress and the States 224 

Election of President and Vice-President 228 

Powers and Duties of the President . . . 236 

The Judiciary 245 

Relations Between States 252 

General Provisions . 260 

Bill of Rights 263 

Development of the Constitution .... 272 

Constitution of the United States . ... 276 

Index 291 

V 



*' Of all systems of government, the most 
difficult to establish and render effective, 
the one which evidently requires the 
greatest maturity of reason, of morality, 
of civilization, in the society to which it 
is applied, is the federative system of 
the United States. 

" The public business of America is 
the private business of every citizen ^ 

— Selected. 



"^ 



CIVICS AND CITIZENSHIP 



CHAPTER I 
NECESSITY FOR LAWS 

Laws are Necessary for All Organized Effort.— School 
work is carried on in accordance with a number of rules 
and regulations with which you have grown so familiar 
as scarcely to realize that they are rules. Work must 
begin at a certain hour, a given length of time is set 
aside for each recitation, there is a regular time for dis- 
missal, certain requirements must be met in order to 
complete any subject, orderly conduct is demanded; 
these are only a few of the rules governing you each day. 
But suppose there were no rules, that .each pupil could 
come and go as he wished, recitations could be held or 
not, according to the pleasure of teacher and pupil, 
with no check on anyone's conduct, and no standard 
of work. It will readily be seen that such a school would 
be useless; no satisfactory work could be done, nothing 
accomplished. A successful school could not be carried 
on if every pupil could do as he pleased. 

If you play a game, whether it is baseball, or tennis, 
or tag, or dare-base, — whatever it is, you must be 
guided by the rtdes of that game. 

It is necessary both for work and for play to have a set 
of rules or laws in order to carry out your plans without 
interfering with others. But it is not the boys and girls 
only who must obey rules. People who manage farms, 
or stores, or banks, or any other kind of business, or who 

1 



CIVICS AND CITIZENSHIP 



organize churches, or clubs, or baseball leagues, must all 
obey certain rules or laws just as you do at school. And 
so we see that laws are necessary to enable people to work 
together successfully. In other words, laws are neces- 
sary for all organized ejffort. 

To Protect Property. — ^A boy who has bought a pocket 
knife and a man who has bought a farm each wishes to 
feel secure in his possession; each wishes to know that 
no one can take it from him. When people build houses 
and churches and schools they want to be sure that these 
buildings will be safeguarded in some way. Everyone 
must be secure in the possession of his property. The 
playmate who takes the boy's knife, and the man who 
bums another's building must each be punished. And 
so we find it necessary to have laws to protect property. 

To Protect Persons. — One who purposely strikes or 
injures another is liable to punishment. The carrying of 
concealed weapons, or the use of firearms within a city, 
would, if permitted, endanger the lives of others. If 
there were no laws providing for such officers as police- 
men and sheriffs to protect us, we could never be safe 
from harm. There must be laws to protect persons. 

To Settle Disputes. — Children may get into disputes 
over their toys, boys and girls over their games, and men 
may dispute each other's rights in business. Differences 
of opinion are constantly arising, and unless the persons 
themselves can settle their difficulty there must be some 
authority to whom it may be taken. This may be the 
parents, or the teacher, or the umpire, or the courts. But 
whatever the authority, it is clear that another necessity 
is that of laws for the settlement of disputes. 

M^ny Laws. — In order to accomplish all these objects 
with their great scope and numerous subdivisions, many 
laws are necessary; so many that people sometimes think 



NECESSITY FOR LAWS 3 



they are oppressed by laws, that their rights are being 
taken from them, and they complain that they have no 
liberty. 

The Meaning of Liberty. — Every human being desires 
liberty, and history is very largely an account of the 
struggles of people to obtain it. But liberty does not 
mean absolute freedom of action, for if everyone were 
free to do as he wished, we would be at the mercy of those 
who have no regard for the rights of others; the strong 
would oppress the weak, and the cunning and evil-minded 
would take advantage of those who wanted to be honest 
and fair. 

Real liberty means freedom to act in any way we may 
desire, only so far as we do not interfere with the rights 
of anyone else. A man living alone on an island, might 
have absolute freedom, for there would be no one whom 
his actions would affect, but people do not live on lonely 
islands; they live in groups or communities where they 
must do a great many things they would prefer not to do, 
and refrain from doing a great many things that they wish 
to do, because the good of the other members of the com- 
munity demands it. 

QUESTIONS 

1. Give four reasons why laws are necessary. What is meant 
by organized effort? What is the purpose of such an organization 
as a school? A church? A ball team? Give a law or rule governing 
each. Name other organizations of your community. Give some 
laws intended to protect property. To protect persons. To settle 
disputes. Explain why each is necessary. 

2. What is liberty? Why can people not have absolute lib- 
erty? Give laws obeyed in the home, and in the school, to prevent 
you from interfering with the rights of others. Show that the 
same laws protect your own liberty. What is the meaning of the 
quotation from Lincoln? 



CIVICS AND CITIZENSHIP 



For Supplementary Study. 

Hoxie, How the People Rule, 10-24. 

Smith, Training for Citizenship, 15-32. 

Forman, Essentials in Civil Government, 1-20, 24-32. 

Forman, Advanced Civics, 242-247. 

Ashley, American Government, 1-6. 



Let reverence of the law he breathed by every 
mother to the lisping babe that prattles on her lap; 
let it be taught in schools, seminaries and colleges; 
let it be written in primers, spelling-hooks and 
almanacs; let it he preached from pulpits, and pro- 
claimed in legislative halls, and enforced in courts 
of justice; in short, let it become the political re- 
ligion of the nation. — Abraham Lincoln. 



CHAPTER II 
THE HOME AND THE COMMUNITY 

The Family. — The smallest group in which people live 
is the family, and it is here that they learn their first 
lessons concerning the making and enforcing of laws, 
the meaning of liberty, and the necessity of obedience. 

Obedience. — It is in the home that the child discovers 
that he cannot do altogether as he pleases, but that the 
rights of others must be regarded. Any young person 
who refuses to render obedience in the home, or who fails 
to assume a just share of its duties, is developing habits 
that can bring only trouble and sorrow later; for nothing 
is more certain than the fact that everyone will be subject 
to authority of various kinds and will be compelled to do 
a share of the world's work so long as he lives. The dis- 
obedient child in the family is the disobedient pupil at 
school, and later the disobedient citizen. The disobedient 
citizen is the law-breaker. Obedience to authority is one 
of the fundamental principles of life, and the earlier the 
lesson is learned the better for the individual. 

ResponsibiUty.— In a well ordered home each child 
has all the freedom that the good of the family will per- 
mit, and is given more and more liberty as he grows older 
and shows that he deserves it. But increased freedom 
brings responsibility, for if the members of the family 
are to enjoy its privileges they must also share its burdens 
and perform a just portion of its duties. These lessons 
in the home train the child in habits of obedience, and m, 
an understanding of the necessity of work and responsi- 
bility that are indispensable to a successful and happy lite. 

5 



6 CIVICS AND CITIZENSHIP 

The result of the lack of this training is evident in the 
evil habits that develop in homeless children adrift in 
the large cities. 

Importance of the Home. — The homes of a community'- 
are of the greatest importance, because on them depends 
so largely the training of its citizens. It has been said that, 
''The strength of a nation, especially of a republican 
nation, is in the well-ordered homes of the people." No 
outside influence, however bad, can entirely overcome the 
effects of a good home, and no community can provide 
means sufficient to produce good citizens if the government 
in the homes is wrong. 

The Community. — A group of people, usually a number 
of families, living in one locality, is a community. The 
group may be composed of many or few people, and the 
area covered may be large or small. It may be a farming 
community or a city. Whatever its form, a community is 
bound together by the common interests of its people. 

If it is a city it is interested in its streets, sidewalks, 
schools, waterworks, lighting system, and many other 
things that have to do with only that particular group. 
If it is a farming community, it is interested in its roads, 
bridges and school. But the word community may be 
applied to a larger group than a neighborhood or a city, 
for several groups of people may have the same interests, 
thus forming a community which may consist of a county, 
or a state, or even a whole nation. 

The Community and the Family. — No matter how 
large a community may become, the importance of its 
homes never grows less. The family must care for the 
health of its members, it must educate them, provide for 
their social welfare, and punish them for wrong-doing. 
But these things are not done by the family alone, the 
community must render the same services on a larger 



THE HOME AND THE COMMUNITY 



scale and the less there is done by the family, the more 
must be done by the community. Much of the work 
of government is made necessary by the failure of the 
home to perform its full duty. 

The Community and the Individual.— If the welfare 
of each citizen depended upon himself alone, life would be 
a simple matter. But such is not the case ; each individual 
is a part of a community, and his life is interwoven with 
the lives of his fellowmen. People desire many different 
things and in order to satisfy their wants the members 
of a community must work together. To satisfy their 
desire for knowledge they establish schools. To satisfy 
their religious desire they build churches and worship 
together. The love of beauty implanted in all human 
beings leads to the erection of beautiful homes and public 
buildings and to the care of streets and lawns. To enable 
them to satisfy their other desires people need wealth, 
and in order to secure it they engage in business of 
various kinds. 

In all of these activities of any community, each person 
contributes a part and abides by the result. If the people 
are intelligent and industrious, if they set a high standard 
for the satisfaction of their desires, the result will be 
apparent in their community. Every individual tends 
to make his community like himself. If he has high ideals 
of education he will work to improve the schools; if he 
keeps his premises in repair, plants trees and flowers, and 
makes his home attractive, he adds to the pleasure of the 
community and influences others to follow his example; 
if he is a successfid farmer he adds to the prosperity of 
his conmiunity. Everyone who makes his community 
better for his having Hved in it, is a good citizen. This 
relation of any person to his community is called citizen- 
ship. 



8 CIVICS AND CITIZENSHIP 

QUESTIONS 

1. What is the smallest unit of government? Is it a kindness 
to a child always to permit him to do as he pleases? Why? What 
are some of the privileges of the child in the home? Some of his 
responsibilities? Name the privileges and responsibilities of the 
pupil in school. Why is the home of importance? 

2. What is a community? What are some of the common inter- 
ests of the people in your community? What are some of the com- 
mon interests of a city community and the nearby farmers? Discuss 
the size of a community. Discuss your school as a community. 

3. What are some of the things that a community does for its 
people? What is the relation between the community and its 
homes? Explain how the home can add to the work of government 
by failing in its duty. Show how good home life decreases the 
work of government. Name some of the things desired by all 
people. How are any of them satisfied in the home? In the school? 
Show how an individual may be benefited or injured by the com- 
munity. What is citizenship? What does Mr. Reid say of the 
relation of the individual to his community? 

For Supplementary Study. 

Dunn, The Community and the Citizen, 1-15. 

Smith, Training for Citizenship, 15-47. 

Porman, Essentials in Civil Government, 19—24. 



Next to the relations of man with his Maker, 
there is nothing so deserving his best attention as 
his relation to his fellowmen. The welfare of the 
community is always more important than the wel- 
fare of an individual or number of individuals; 
and the welfare of the community is the highest 
object of the study of politics. — Whitelaw Reid. 



CHAPTER III 
GOVERNMENT 

The Necessity of Government. — When we consider the 
great number of human needs and desires, and see how 
each person in a community is dependent upon other 
persons and how each community is dependent upon other 
communities for the satisfaction of these needs, we begin 
to reaHze how necessary it is that there be a power to 
attend to the matters that cannot be attended to by each 
individual for himself. This power is called government. 

The Nature of Government. — Government consists of 
a set of laws and an authority to enforce them. Every 
group of people, whether it be a family, a community, 
a state, or a nation, must have a government; and every 
person within a group is subject to its government from 
the beginning to the end of life. If the government is 
wise, and just, and efficient, it promotes the happiness of 
those who are governed; but if it is inefficient or tyranni- 
cal, it is a source of misery. Every individual is therefore 
directly and deeply interested in securing good govern- 
ment. 

Forms of Government. — There has never been a time 
in the history of the world when there were no govern- 
ments, though in early times they were very simple in 
form. The governments of the world today are the result 
of thousands of years of growth and change. They are 
not all alike; countries have different forms of government, 
that of each nation reflecting the nature of its people. 

There are nearly fifty nations in the world today, and 
their governments may be classified as follows : 

9 



10 CIVICS AND CITIZENSHIP 

Absolute Monarchy. — In this type of government all 
power rests in one ruler who is called by such title as king, 
emperor, czar, or shah. There were formerly many such 
governments, but as nations have grown more enlightened 
they have taken more power from their rulers. Today 
there are probably no absolute monarchies among civilized 
nations, Russia being the nearest to this form of govern- 
ment. 

Limited Monarchy. — In a limited monarchy the power 
of the ruler is checked by a legislative body and a consti- 
tution. There are many nations with this form of govern- 
ment. England, which is ruled by a King and Parliament, 
is the best example of a limited monarchy. 

Democracy. — In a pure democracy all of the people 
meet to make their laws and elect their officers. Such a 
plan could be followed only in a very small country, so 
there are but few pure democracies. The New England 
township and the Kansas school district are examples of 
this form of government. 

Republic. — In a republic the representatives of the 
people make and enforce the laws. A republic might be 
called a representative democracy. The people are the 
source of all power and they can increase or decrease the 
power of government as they choose. The United States 
is the greatest republic in the world. There are a 
number of others, among them France, Mexico, most of 
the South American countries, and China which has very 
recently become a republic. 

A Written Constitution. — A written constitution is a 
document giving the fundamental principles of govern- 
ment. 

When the colonies declared their independence and it 
became necessary for them to establish governments for 
themselves, they adopted constitutions in which the people 



GOVERNMENT n 



were named as the source of power. The new states 
naturally modeled their constitutions, to some extent, 
after their colonial charters. Connecticut and Rhode 
Island simply kept their charters with necessary modifica- 
tions, the former not adopting a new constitution until 
1818, nor the latter until 1842. 

The states soon found it necessary to establish a central 
government, the powers of which were given in a document 
called the Constitution of the United States. Each state 
that has been admitted into the Union since that time 
has framed a constitution, and thus, with both national 
and state constitutions, our government may properly 
be called a constitutional government. 

The Divisions of Government. — The Nation as a whole 
must have a government to look after those matters that 
concern all of the people. Such matters would be the 
relations between our nation and foreign nations and those 
between the states. Since the different parts of the 
country have varying interests, it is also necessary to have 
state governments. But even a state is too large to 
give close attention to the needs of its different communi- 
ties, and so there must be local governments; these are 
of various kinds, district, township, city and county. The 
divisions of government, then, are national, state and 
local, and each of us is under the authority of all three. 

The Functions of Government. — The people do not 
exist for the government, but the government for the 
people. It is intended to serve and to protect them, and 
to promote their welfare. Naturally the question arises 
as to what the government does in carrying out this 
purpose. How does it serve, how does it protect, and how 
does it promote the people's welfare? 

The services rendered by government vary, not only 
in different countries, and in different parts of our own 



12 CIVICS AND CITIZENSHIP 

country, but they change from time to time as the people 
become more or less wise and enlightened. For this 
reason it is not easy to say exactly what its functions are, 
but there are many services that are performed b}^ 
any progressive government. They may be divided into 
three general classes. 

In regard to the personal welfare of the people, govern- 
ment 

Protects health, 

Provides for education, 

Punishes crime, 

Assists the poor and incapable. 

Protects persons and property. 
Concerning their business and commercial interests 
it regulates 

Business transactions, 

Business organizations, 

Public lands. 

Labor, 

Transportation. 
" The political interests of the people are provided for 
by such measures as are necessary for conducting the 
affairs of government. Such measures are 

Election of officers. 

Levying of taxes. 

Regulation of foreign relations. 

The administering of justice, 

The making of new laws. 
The following chapters will discuss the relations of 
the people to their government in the performance of 
some of the most important of its functions. 



GOVERNMENT 13 



QUESTIONS 

1. What is government? Why is it necessary? Name differ- 
ent groups requiring a government. Why should everyone be 
interested in his government? 

2. Is government one of the world's new inventions? Explain 
why the government of a tribe of early American Indians was more 
simple than that of our nation today. Name the different forms 
of government. Explain each. What is the difference between a 
democracy and a republic? 

3. What is a constitution? What were the colonial charters? 
How did the states come to have constitutions? Why is our govern- 
ment constitutional? 

4. What are the divisions of government? Why is this neces- 
sary? What is local government? Under how many governments 
do you live? 

5. What is the purpose of government? What is meant by 
the "functions" of government? Do all governments serve their 
people in the same way? Do you know how any of them differ? 
Give some of the functions of government. Quote the opening 
lines of the Declaration of Independence. 

For Supplementary Study. 

Channing, Students' History of the United States. 
Forman, Advanced Civics. 
McMaster, History of United States. 
Ashley, American Government. 



We hold these truths to be self evident, that all 
men are created equal; that they are endowed by their 
Creator with certain unalienable rights; that among 
these ^ are life, liberty, and the pursuit of happiness; 
that, to secure these rights, governments are in- 
stituted among men, deriving their just powers 
from the consent of the governed. — Declaration 
OF Independence. 



CHAPTER IV 
PUBLIC HEALTH 

The Value of Health. — Health is necessary to the 
enjoyment of any of the world's benefits. It means the 
possession of a strong, well body, and brings with it the 
ability to work, to learn, to accomplish things, to be happy. 
It is as important to preserve health in order to live 
rightly, as it is to prevent death. It is the person who 
rises each morning able to accomplish a day's work and 
do it with enjoyment, on whom the world depends for 
its progress. 

Health not only brings us the joy of living, but it 
enables us to take our places in the world as independent 
citizens; it is the foundation of all of the pleasure and 
usefulness of life, and consequently, it is a condition to be 
treasured carefully if we possess it, and diligently sought 
for if we have lost it. 

The Relation of the Community to Health. — Fresh 
air, pure food and water, and clean surroundings, are 
some of the things essential to good health. For a pioneer 
family, or for any person or family living apart from other 
people, these conditions depend largely on their own 
efforts, but in a community where many are closely 
associated, the health of all may be endangered by condi- 
tions for which they are in no way responsible, and the 
more closely the people are associated, the greater the 
danger. As a community grows into a town, and the town 
into a city, the greater the number of people affected by 
any unheal thful condition, the more of these conditions 
arise, and the greater the amount of care that must be 

14 



PUBLIC HEALTH 15 



taken by the community to protect the health of its 
people. 
Conditions Necessary to Public Health.— Let us see 

how some of the conditions essential to health may be 
violated in community life. 

Pure Water Supply. — Many cities get their water from 
a river, and frequently city sewage is drained into this 
same stream, making the water foul and disease breeding. 
There is a current belief that running water purifies itself, 
and it does, finally, because most disease germs die in a 
few days, but if sewage from different towns is drained 
into a river at intervals, the water is kept poisonous and 
unfit for use. Many diseases, especially typhoid, are 
carried in this wa}^, and a number of cities have suffered 
epidemics that were directly traceable to lack of care 
in the water supply or in the disposal of sewage. 
" Cleanliness. — Cleanliness is one of the most important 
precautions against disease. It is a matter that must 
receive the attention of every individual and every home; 
but any person may be ever so careful and clean in his 
own life, and yet have disease brought to him through 
uncleanliness in his community. It may reach him in his 
drinking water, he may eat food that has been exposed to 
dust carrying the germs of disease, he may breathe air 
carrying disease from where someone has spit in a public 
place, it may be brought to him by flies coming from 
filth or disease. These are but a few of the many ways 
in which disease germs may become scattered, but they 
serve to show us that not only must we be clean ourselves, 
but we must insist upon others being clean also, if we 
would preserve our health. 

Pure Food. — The purity of the food should receive 
very careful attention. Artificially preserved foods some- 
times contain poison, and although it is in small quanti- 



16 CIVICS AND CITIZENSHIP 

ties its continued use may do great harm. If foods are 
adulterated, that is, if they have other cheaper materials 
mixed into them or certain ingredients taken from them, 
they are usually either harmful or less nourishing. If 
foods are prepared from inferior, or impure, or unclean 
materials they are unfit for use. If they are prepared 
in unclean, or disease laden places, or by persons who are 
unclean, or carrying the germs of disease, they are ex- 
tremely dangerous. 

In the early history of our country, when most of the 
food for each family was prepared in the home, there was 
not so much question about its purity, but conditions 
today are very different; nearly everything we eat has 
passed through the hands of a number of people, and it is 
very necessary that it be carefully guarded along this 
journey to the consumer. 

Fresh Air. — The necessity for fresh air is one of the 
vital needs of life. This is not a matter of much concern 
to those who live an out-door life; they breathe pure, 
invigorating air, and hardly realize that thousands of 
people die every year for lack of it in sufficient quantities 
to promote health. 

In the cities it is often impossible to have pure air even 
under the best conditions, while the poorer people are 
huddled together in factories, workshops, and tenements, 
with the most meagre arrangements for ventilation. It 
is here that disease runs riot, and tuberculosis, or "The 
Great White Plague," finds its thousands of victims. 

Cost of Disease. — -There is always the great danger 
that the sick will transmit their disease to those who are 
well ; this is reason enough to cause people to take steps 
for the protection of the public health, but there is 
another grave reason why they should do so. 

It has been said that, ''It costs twenty years and 



PUBLIC HEALTH 17 



thousands of dollars to transmit the center of gravity from 
the stomach to the brain." In other words, it costs much 
in time, and work, and money to rear and educate a child, 
and the death of a man or woman is the loss of all that he 
or she has cost. It is estimated that the number of 
preventable deaths that occur in the United States each 
year is nearly 700,000, a number equal to almost half 
the population of Kansas; that the total amount of 
sickness would average ten days a year for each person 
in the United States; and that 3,000,000 persons are 
constantly so sick as to be unable to care for themselves. 
There is to be considered not only the suffering, and the 
biu*den of caring for all these sick, but also the cost of their 
nursing, doctor bills and medicines, and their loss of 
wages amounting altogether, as nearly as can be ascer- 
tained, to two billions of dollars each year, or almost twice 
as much as Congress appropriates to run every depart- 
ment of the government. 

Surely then, it is worth while, if looked at only from 
the money view-point, to use every effort possible to 
save this great waste of human life. 

Who Protects Public Health? — The people attend to 
matters of public health through their government, 
which makes laws and chooses officers to carry them into 
effect. Health regulations must be a part of the govern- 
ment of every community, but as means of travel have 
developed, it is seen that communities affect each other 
in matters of health much as individuals do within the 
community. For instance, a traveler might carry a 
contagious disease to many towns and neighborhoods; 
or refuse thrown into a stream might carry disease to 
towns farther down through their water supply. For 
these reasons, state-wide authority on many health 
questions is necessary. 



18 CIVICS AND CITIZENSHIP 

Similarly, matters affecting the health of the people of 
the whole country are regulated by the National Govern- 
ment. Poisonous foods might be prepared in some factory 
and shipped all over the country. To prevent such acts 
national laws have been passed providing for inspection 
of meats and other foods, and providing that every 
adulterated food or drug shall bear a label, stating exactly 
what it contains, so the purchaser may know what he is 
getting. Another way in which the National Government 
protects the health of the people is by requiring a physical 
examination of all foreigners coming to this country 
before they are permitted to land; if they are found to 
have a disease, they may be quarantined until the danger 
of contagion is past, and, in some very serious cases, 
they are sent back to the country from which they came. 

State Board of Health. — The states have special 
boards to look after matters pertaining to public health. 
In Kansas, the State Board of Health is composed of ten 
members, nine of whom are physicians, appointed by the 
Governor with the consent of the Senate. The mem- 
bers elect a secretary, who becomes the executive officer 
of the Board; that is, he has general charge of the work. 
This Board is given authority to make and enforce 
regulations for carrying into effect the health laws of the 
State. 

County and City Health Officers.— The Board of 
Commissioners of each county appoints a health officer, 
and cities appoint such health officers as they deem neces- 
sary. Their duty is to assist in carrying out the health 
work of the State, and to give closer attention to the 
needs of their communities than it is possible for the 
State Board to give. 

What Kansas Has Done. — Our State has one of the 
most progressive and efficient Health Departments in the 



PUBLIC HEALTH 19 

United States. It has not only enforced the health laws 
of the State, but it has pursued investigations for the 
purpose of finding the cause of diseases and the best 
methods of prevention; it has aboHshed the public drink- 
ing cup, and the public towel; but greater than any other 
one thing that it has accomplished, is the interest that 
it is arousing in the people in matters of health and 
sanitation. 

Some of the Sanitary Measures of Kansas. — ^The 
following are a few of the most important of the measures 
that Kansas has established for the protection of her 
people: 

No water for domestic purposes may be supplied to 
any community until the plan of the system, and the 
source of supply, shall have been examined and approved 
by the State Board of Health. 

No sewage shall be permitted to flow into any of the 
waters of the state if it is found by the State Board of 
Health to be endangering the health of any of the in- 
habitants. Nor shall sewage be permitted to flow into 
any stream nearer than three miles above any point 
where a water supply is obtained. 

/'Every place occupied or used for the preparation 
for sale, for the manufacture, packing, storage, sale or 
distribution of any food or drug, shall be properly lighted, 
drained, plumbed, ventilated and screened." Many other 
regulations have been made to insure the purity and 
wholesomeness of foods and drugs. 

Such places as hotels, restaurants, rooming houses, 
barber shops, and public bathrooms must meet certain 
sanitary requirements. 

Any person who is sick with a disease dangerous to 
public health, may be quarantined until danger from 
contagion is past. 



20 CIVICS AND CITIZENSHIP 

No person shall spit upon the floor or any part of any 
public building, or railroad, or street car, or any other 
public conveyance. 

Fumigation is required at the close of every case of 
communicable disease; it is required of railroad cars at 
intervals, and of all school houses at least once a year. 

Public drinking cups or towels may not he used by 
railroads, schools, or hotels. Kansas was the first state 
to make this regulation. 

Inspectors. — The State Board of Health sends out 
Inspectors to look into matters of sanitation all over the 
State, and they frequently close hotels, stores, barber 
shops and other public places until the requirements for 
public health are met. 

Progress. — Since so many of the people do not under- 
stand the necessity for care in regard to health, and others 
are careless, or lazy, or indifferent, it is easy to see that 
much yet remains to be accomplished. However, con- 
ditions are steadily improving with increased knowledge. 
In India, where no attempt is made to check disease, 
the average length of life is only twenty-five years, while 
in countries where the people live a sanitary life it is 
nearly double that. 

A general knowledge among the people, of the causes 
of disease, is enabling them to protect themselves against 
it. Nothing will accomplish so much toward the elimina- 
tion of disease, as the wide dissemination of knowledge, 
and an awakened and alert public conscience. Increased 
scientific knowledge has done much to lessen the ravages 
of such diseases as malaria, yellow fever, and smallpox. 
It was discovered that malaria is caused by the bite of 
a mosquito, and this enabled the people, by protecting 
themselves from this insect, to carry on the world's work 
in places that were formerly uninhabitable because of 



PUBLIC HEALTH 21 



the prevalence of malaria. Smallpox, it is generally be- 
lieved, may be prevented by vaccination. Diphtheria has 
been found to be a germ disease which may be checked 
by the injection of an antitoxin. These are but instances 
of the wonderful progress of science. 

Organized efforts are being made to fight tuberculosis, 
which causes more than one-tenth of all the deaths in 
the United States. The Kansas legislature of 191 1 ap- 
propriated $50,000 for the establishment of a State sana- 
torium for tuberculosis patients. 

A great deal of attention is being given to the matter 
of providing public parks in cities, so the people who 
work and live in close and crowded buildings may have 
a place to go where they can enjoy fresh air, and grass, 
and flowers. Public playgrounds for the children, and 
better houses for the people will do much to promote 
health. 

Another change for the better is the gradual awakening 
of the people to the dangers of the patent medicine habit. 

More and better laws are being steadily worked out 
regulating the conditions under which children may be 
employed, hours that men and women may be compelled 
to work, and the sanitary conditions in the places where 
they are employed. All this to the end that we may 
reach the normal condition of life, which is health and 
efficiency. 

QUESTIONS 

1. Discuss the value of health. Does community life make it 
easier or more difficult to preserve health? Explain. What are 
some of the conditions necessary to health? 

2. Discuss danger in country wells. City wells. How can a well 
be constructed so as to keep out surface impurities? What is the 
source of your public water supply? Has there been any sickness 
in your community traceable to the drinking water? 



22 CIVICS AND CITIZENSHIP 

3. What does personal cleanliness have to do with health? Re- 
lation between community cleanliness and public health? Show 
how an individual may injure the health of his community. Secure 
information concerning the relation of flies to disease. 

4. What is meant by "adulterated" food? Give examples. 
Why does the question of pure food need more attention today 
than it did a hundred years ago? 

5. Discuss the need of fresh air. Discuss ventilation in the 
home. Is the ventilation in your school room good? Can j'-ou do 
anything to improve it? When your school room is poorly ven- 
tilated can you study as well as in the fresh air? Is it real 
economy for an employer to keep his workers in poorly ventilated 
shops? Why? 

6. Tell something of the cost of disease. Give all the reasons 
you can why a community should protect the health of its people. 
Explain how communities may affect each other in matters of health. 
Why should the National Government do anything to protect health? 

7. Tell something of the State Board of Health. What is its pur- 
pose? What local health officers are there? Who is the health 
officer of your community? How did he get his position? Give 
some of the sanitary measures of Kansas telling why each is neces- 
sary. 

8. What is sanitation? What has been the effect of public 
sanitation on length of life? Is it an extravagance or an econom}'- 
for governments to maintain health departments and officials? 
Why? If you live in a city, tell of the work of the street cleaning 
department. How is the garbage disposed of? 

9. Are there any unsanitary conditions in your community? 
Are any health laws being violated? 

10. What is "The Great White Plague"? What is being done 
to check it? 

11. Give ways in which conditions affecting health are being 
improved. 

12. How often must school houses be fumigated? Discuss 
good methods of fumigating. 

13. Name as many as possible of the sanitary precautions that 
should be observed by schools. 

14. Who is Dr. Crumbine? Read and discuss the quotation 
from him. 



PUBLIC HEALTH 23 



For Supplementary Study. 

Secure pamphlets from the State Board of Health. 
Secure pamphlets from the National .Government. 
Dunn, The Community and the Citizen, 54-65. 
Ritchie, Primer of Sanitation. 



Health is a state of physical, mental, and moral 
equilibrium, a normal functionating of body, mind, 
and soul. It is the state when work is a pleasure, 
when the world looks good and beautiful, and the 
battle of life seems worth while. Health is the 
antithesis of disease, degeneracy, and crime. — vS. J. 
Crumbine. 



CHAPTER V 
EDUCATION 

The School. — The school is an extension of the family. 
The education of the children is too great an undertaking 
to be carried on in each home, so the children are placed 
under the care of teachers who have parental authority 
during school hours. By means of their system of schools 
the people seek to transmit to the next generation their 
knowledge and their ideals, and they set aside a con- 
tinually increasing portion of their wealth for this great 
purpose. 

Growth of the School System. — The school system 
of America has had a steady and rapid growth, but from 
the beginning progress has been more marked in the 
North than in the South. 

In the North. The New England colonists, who 
were eager for freedom and wise enough to see the neces- 
sity for education, established Harvard College in 1636, 
only sixteen years after the landing of the Pilgrims, and 
the following year they provided that in every town of 
fifty householders there should be an elementary school, 
and in every town of one hundred householders, a gram- 
mar school. Much the same plan was followed by other 
northern colonies. 

In the South. Education in the South was a slow 
process because the people lived on large plantations. 
This made the settlements so scattered that the estab- 
lishment of schools was difficult. For many years it was 
the custom there to employ private teachers, and later, 
if possible, to send the children to England for further 

24 



EDUCATION 25 



education. This, of course, could be done only by the 
wealthier people and the children of the poorer classes 
were left without education. 

Today. In none of the colonies were all of the children 
educated, but after the adoption of the Constitution, the 
principle of education grew with the principle of liberty, 
until it became the policy of every state to furnish an 
elementary education, free of charge, to every child 
within its bounds. As will be seen, this and much more 
is being done today. 

The Nation and Education. — The Constitution says 
nothing about education, and the matter is left almost 
entirely to the states, but the National Government has 
not been wholly inactive in educational affairs. It pro- 
vided that when states were admitted, section number i6 
of each township should be reserved for school purposes, 
and since 1848 two sections, 16 and 36, have been re- 
served. These lands are held by the states for the use 
of the schools. When they are sold, the proceeds are 
invested and the interest accruing creates a state school 
fund which is distributed among the schools, annually. 

A National Bureau of Education has been established, 
which collects and publishes information on educational 
matters, and in this way, influences to a considerable 
degree, educational movements throughout the country. 
The Government also maintains two great training schools, 
the MiHtary Academy at West Point, and the Naval 
Academy at Annapolis. It supports schools for the In- 
dians, elementary schools for the city of Washington, 
and has estabhshed schools in our island possessions. 

The State and Education. — The vState passes laws 
arranging a general educational system under which each 
locality administers its schools. State law determines 
such matters as : 



26 CIVICS AND CITIZENSHIP 

The unit of school organization, 

Election and powers of school officers, 

How text-books shall be furnished, 

A minimum list of subjects that shall be taught, 

The limit of the school tax that may be levied, 

Minimum length of school term. 

Qualifications of teachers. 

The Unit of School Organization. — This means the 
chief local authority in school matters. In some states 
the unit is the district, in others the township, and in 
others the county. In Kansas the unit is the district, 
governed by a school board which in rural districts and 
third class cities consists of three members, each elected 
for a term of three years. In larger cities the number of 
members depends upon the nimiber of wards. The board 
has much power; it employs teachers, locates and erects 
buildings, makes rules for the guidance of teachers and 
pupils, looks after the buildings, and purchases supplies. 

School Supervision. — In most states each county has 
an official known as the County Superintendent who has 
supervision over the work of the common schools. The 
normal institutes, the granting of certificates, the dis- 
tribution of the school fund apportioned to the county, 
and the boundaries of districts, are some of the matters in 
charge of this officer. 

The State Superintendent of Public Instruction super- 
vises the work of the County Superintendents. Each 
city usually has a superintendent of its own. 

Common Schools. — The common schools of any state 
are of first importance because they furnish the founda- 
tion of the education of all the people, and all of the 
education of a great majority of them. The common 
schools consist of the rural schools and the grades of the 
city schools. 



EDUCATION 27 



City Schools. — In cities the schools can be well organ- 
ized because they are close together and can be carefully 
supervised, thus securing unity of work. The large 
number of children makes it possible to grade them 
thoroughly, and each teacher has only one or two grades. 
This gives ample time for recitations. The greater wealth 
of a city makes it possible to pay more for buildings, 
equipment, and teachers. 

Defects of Rural Schools. — In rural districts the schools 
are often poorly organized. Pupils of all ages and grades 
are in the same room, and usually the number of classes 
is so large that only a few minutes can be given to each 
recitation. In many cases the district cannot afford an 
experienced teacher and the building and equipment are 
poor. The schools are often so small as to be lacking in 
interest and life. A large number of pupils drop out before 
they have completed the grades and nearly all of them 
leave school at too early an age. The rural school has 
not kept step with the general progress of the times. 
One of the most vital questions before the people today 
is that of improvement in the educational opportunities 
of country boys and girls. 

Consolidation. — Wherever practicable, the defects of 
rural schools are being remedied in a large degree by 
consolidation. This means the uniting of several districts 
into one, in order that, with a greater number of pupils 
and increased valuation, a graded school may be estab- 
lished. Under this plan pupils living long distances from 
school are conveyed in wagons furnished for that purpose. 
The larger valuation makes it possible to have longer 
terms, good buildings and equipment, more experienced 
teachers, and a more varied course of study. Such schools 
can teach such subjects as music, drawing, manual train- 
ing, domestic science, and agriculture, most of which must 



28 CIVICS AND CITIZENSHIP 

be left out of the one-teacher school because of the lack 
of time. The greater number of pupils adds interest to 
both work and play. Every rural community shotdd study 
its schools and its geographical conditions carefully to 
see whether consolidation would be practicable. 

Improvement of Rural Schools. — In a large number of 
districts the area is too great and the population too widely 
scattered to admit of consolidation. Schools in such dis- 
tricts must receive special attention. The people must 
be more fully aroused to the need of improving them, 
for many of the defects of the country schools are due to 
public indifference. A number of things have already 
been done in Kansas. The time has gone by when a 
country district may have a term of less than seven 
months, and provision has been made for high school 
training of all teachers. Conditions will be greatly im- 
proved when Kansas has a fairer and more equal distribu- 
tion of taxation for school purposes. 

The new schoolhouses that are being built are both 
more beautiful and more comfortable than the ones 
they are replacing. The windows and seats are so ar- 
ranged that the light comes from the left side and the 
back, or better still from above. These buildings are not 
heated by stoves, but by furnaces or by heating and 
ventilating systems that provide an equal distribution 
of heat, and a constant supply of fresh air. There is 
sufficient equipment for good, thorough work inside, and 
for plenty of vigorous play outside. 

But it is not necessary to wait for the building of the 
new schoolhouse. Much can be done to improve the 
old one, and a great deal of the improvement can be the 
work of the boys and girls themselves. 

A simple work bench and a few tools can be the means 
of many conveniences, and a well-kept yard in which a 



EDUCATION 29 



few trees are planted should not be beyond achievement 
by the pupils of any rural school. 

The High School. — The grammar school provided for 
by the early law of Massachusetts Bay Colony was for 
the purpose of fitting young men who expected to become 
ministers, to enter Harvard College. Later in colonial 
times, the academy took the place of the grammar school. 
It was patronized exclusively by those who expected to 
become ministers, doctors, or lawyers, and since Greek 
and Latin were considered necessary to these professions 
they were the most important subjects taught in the 
academy. Most of such preparatory schools were private 
and charged tuition fees of those who attended. 

More and more, young men who did not wish to enter 
these professions, desired an education beyond the com- 
mon schools, so there came to be a demand for a school 
in which Greek and Latin were not the most important 
subjects. 

Out of this demand grew what came to be called an 
English High School. All of the grammar schools, acad- 
emies, and high schools were for boys only, but about 
1825 high schools began to be established for girls. The 
high schools were free, being supported at public expense. 
They spread rapidly over the country and took the 
place of the academies. But the chief purpose was still 
to prepare students for college and they were attended 
only by the wealthy, or by those who intended to enter 
the professions. 

During the last twenty years, there has been a great 
change. High schools have spread with wonderful 
rapidity, until nearly every town and city has its free 
high school, and pupils from the homes of all classes are 
found in them. The high school of today not only pre- 
pares students for college, but it also serves the very 



30 CIVICS AND CITIZENSHIP 

large majority who do not go to college, by training them 
to teach in the common schools, by furnishing them a 
business education, by teaching them cooking, sewing, 
manual training, and agricuLture. The high schools are 
beginning to meet the practical needs of the people and 
are developing rapidly along this line. They are increas- 
ing in number, they are offering more and better train- 
ing, and they are attended by an ever-growing number 
of young people who are availing themselves of the 
opportunity to get, free of tuition, and at no great distance 
from home, a good practical education. 

State Institutions. — Many states provide universities 
for still higher education. These schools give instruc- 
tion, not only in such subjects as the sciences, literature, 
higher mathematics, history, and ancient and modern 
languages, but they also offer special training in engi- 
neering, law, medicine, music, pharmacy, and other pro- 
fessions. 

Normal schools are maintained in nearly all of the 
states for the training of teachers. 

Agricultural colleges have been established in some of 
the states, providing especially for the training of young 
men and women for home and country life. 

Kansas has an institution of each class, a university 
at Lawrence, an agricultural college at Manhattan, and 
a normal school at Emporia with branches at Hays and 
Pittsburg. 

Other Classes of Schools. — Besides the state schools, 
there are numerous colleges supported by churches or 
private funds, and others that are self supporting; there 
are many private and parochial schools; there are in- 
dustrial, technical, and trade schools; business colleges, 
schools for the blind, and for the deaf and dumb. All of 
these, and yet others, are means of educating the people. 



EDUCATION 31 



The Cost of Education.— The pubHc schools of the 
United States cost an immense amount of money. The 
annual expenditure is about $300,000,000, three-fourths 
of which is raised by local taxation. The fact that the 
people levy this tax themselves and pay it out of their 
own pockets shows how much the welfare of their schools 
means to them. 

Why the Community Educates Its Citizens. — There 
are two chief reasons for the education of the people; one 
is for the pleasure and profit of the individual, and the 
other is for the^ public welfare. 

Value to the Individual. — There is a growing desire 
among all people of all classes to be educated, for they 
recognize that an education will better their condition. 
It makes life bigger and broader and better. It gives 
the mind something to think about, it awakens ideas, 
and inspires ambition. 

Then, too, one who is educated is better equipped to 
earn his way in the world; his labor is more effective and 
profitable. Muscles without intelligence bring a low 
price. This has always been true, but with the rapid 
invention of machinery to do the heavy work there is 
coming to be less and less use for muscles alone, and more 
and more need for the trained mind. 

Value to the Community. — The reason that the public 
is willing to pay its hard earned money for the education 
of its youth is that it makes them better citizens. The 
country pays nearly a third of a billion of dollars every 
year for education, but if it gets in return the services 
of well trained minds for doing the world's work, and 
for solving its problems, the money has been well spent. 
Only an educated people can be a free people. In a 
democracy the safety of the nation depends upon the 
intelligence of its citizens, and a system of education that 



32 CIVICS AND CITIZENSHIP 

reaches all of the people is the greatest protection of 
self-government . 

The policy of educating the children for the public 
welfare is so thoroughly established, that by means 
of compulsory education laws, children are usually ke})t 
in school even against their own or their parents' wishes. 
To this extent they are regarded as public property. 
They must be educated for the good of the community. 

Need of Practical Education. — If a man is to be a 
physician, he must be educated in medicine; if a lawyer, 
he must learn the law ; if a teacher, a druggist, an engineer, 
a bookkeeper, he must take a course of instruction that 
will prepare him for his work. This has long been recog- 
nized, but it is only beginning to be realized that if it is 
a good thing to train a part of the people for their work, 
it is a far better thing to train all of them. The farmer, 
the gardener, the stockman, the dairyman, the black- 
smith, the machinist, should each have an education 
fitted to his particular needs. The girl who is to be a 
milliner, a stenographer, a teacher, a nurse, or a business 
woman must receive a special training. Then certainly 
the girl who is to be a home maker should be educated 
for her work, for it is the most difficult, the most complex, 
the most far-reaching in its results of anything that she 
can undertake. 

What is Being Done. — This idea of the value of prac- 
tical education is growing rapidly. A number of ' the 
states, including our own, have agricultiu'al colleges which 
are doing a great work; but in order to bring such im- 
portant work as cooking, sewing, agriculture, and manual 
training within reach of a larger number of the boys and 
girls, these subjects have been added to the course of 
many high schools, and they are beginning to find their 
way into the common schools. Agriculture, especially, 



EDUCATION 33 



is taught in most of the rural schools of Kansas. Educa- 
tional work is being adjusted to meet more perfectly the 
needs of the people, and the future holds forth the hope 
of a nation of efficient citizens. 

Greater Use of School Property. — A great deal of 
money is invested in school grounds, buildings, and 
equipment, and most of this property is used but part 
of the time. On the other hand, with all the schools 
that have been established, there are still many people 
without an education. Among these are people from 
foreign countries, those who failed to get an education 
in their youth, and young people who are compelled to 
work instead of being in school. Many of these classes 
desire an education, and though night-schools have long 
been furnished for this purpose in the large cities, it is 
only in recent years that they are being established in 
smaller places and considered as a part of the public 
school system. 

Another means of utilizing school property, that is 
being tried in some places, is the use of the buildings 
as social centers. This means that the buildings are 
opened of evenings, and clean, wholesome amusements 
furnished for those who come. This tends to keep the 
young people off the streets and away from questionable 
places of amusement. 

There is a lack of social life in many rural communities 
and it is believed that the use of the schbolhouse as a 
social center would be of great benefit to both young and 
old. It would be not only a source of pleasure, but of 
profit. People in all other callings have found it neces- 
sary to organize for mutual advantage and to protect 
their own particular interests. Farmers who organize 
and work together find that it brings them many business 
opportunities and improved methods. 



34 CIVICS AND CITIZENSHIP 

These are but of a few of the ways in which the people 
are planning to increase the value and the importance 
of the system of education. 

Read Article VI of the State Constitution, page i66. 

QUESTIONS 

1. What is the relation between the school and the family? Tell 
something of the work of education in the different colonies. In 
what section did it receive the most attention? Was an education 
furnished free to all children in those days? 

2. What has the National Government done in the matter of 
education? 

3. How much authority do the states have over education? Give 
some state powers. What is the relation of the state to the different 
localities regarding education? What does the state -constitution 
say about education? 

4. What is the unit of school organization in Kansas? What 
units exist in other states? What is the source of authority in a 
district? Give the number of members, length of term, powers, 
and duties of your board. 

5. Name the different school supervisors, tell how each is chosen, 
and the length of his term of office. 

6. What is meant by the common schools? Give some advan- 
tages of the city schools. The rural schools. What is meant by con- 
solidation? Are there any consoH dated districts in your part of the 
state? Are they a success? If you live in the country, is consolida- 
tion practicable for your district? Why? Name some improve- 
ments that have been made in rural schools. Can any improve- 
ment be made in your school? Can you help? 

7. Compare the grammar school of the Massachusetts Bay Colony 
with the high schools of today in purpose, subjects taught, and 
attendance. Is there a high school in or near your community? 
How is it supported? What courses does it offer? 

8. Name the state educational institutions. Locate them. Tell 
something of the work of each. Name other classes of schools. 
What is a parochial school? Are there any parochial schools in 
your community? 



EDUCATION 35 



9. Discuss the cost of the system of education. How much did 
your school cost last year? How much would this be for each 
pupil enrolled? 

10. Why should the people be educated? Discuss the advantage 
to the community. Why is it more necessary today to be educated 
than it was a hundred years ago? Give the provisions of our 
Truancy Law. 

11. What is meant by practical education? Why needed? Tell 
something of its development. What education of this kind is being 
furnished in your community? 

12. For what purposes in addition to the regular work is school 
property sometimes used? Is it used in any of these ways in 3'"our 
community? 



Next in importance to freedom and justice is 
popular education, without which neither justice 
nor freedom can he permanently maintained. — 
Garfield. 



CHAPTER VI 

THE CRIMINAL AND INCAPABLE 

THE CRIMINAL 

Punishment in Early Times. — In early times, punish- 
ment by parents, teachers, and government was much 
more severe than it is today. The favorite maxim of 
parents was, ''Spare the rod and spoil the child." One of 
the chief qualifications of teachers was that they be able 
to whip unruly pupils. The government punished 
violators of the law by such torture as the whipping post, 
the clipping of ears, the branding iron, the stocks, and 
the pillory, and made long lists of offenses punishable by 
death. During colonial times imprisonment was very 
little used as a means of punishment, but had come into 
quite general use by the time our national history began. 
The early prisons were dreadful places, usually dark, filthy, 
disease-laden cellars where the prisoners were thrown 
together, regardless of their ages, or the nature of their 
crimes. 

Effect of Early Methods. — Formerly the idea in 
punishment was that of revenge; to ''get even" with the 
criminal for what he had done. It was supposed that 
great severity would create so much fear of punishment 
that crime would be lessened, but it began to be realized 
that crime was increased rather than diminished by s.uch 
methods, and consequently there has been a great change 
in the public attitude toward these matters. 

Punishment Today. — There are three methods of 
punishment now in use in the United States; fine, im- 
prisonment, andr death. The death penalty is inflicted 

36 



THE CRIMINAL AND INCAPABLE 37 



in a large majority of the states, but not in Kansas. Im- 
prisonment, which is the most common form of punish- 
ment, is much more humane in its methods than in former 
times. Punishment is now administered, not for the 
purpose of revenge, but for the sake of the pubHc welfare. 
An attempt is made to adapt the punishment to the crime 
by affixing slight punishments to small offenses, and 
greater punishments to serious crimes, but while this 
method satisfies the principle of justice, it has had no 
appreciable effect in decreasing the violation of law. 

Treatment of Adult Criminals. — Criminals are not im- 
prisoned merely to protect society, but there is a disposi- 
tion to regard the welfare of the prisoners also; to cure 
them of the disease of criminality if possible. To that 
end there is a general tendency to protect their health, 
to train them in useful trades, to teach them, and to 
shorten their terms for good behavior. It is to be hoped 
that experience will prove these methods successful. 

Kansas has a State Penitentiary at Lansing. 

Treatment of Juvenile Criminals. — The changed atti- 
tude of the people is nowhere so apparent as in the treat- 
ment of the youthful law-breakers. Great harm is done 
through the association of young prisoners with hardened 
criminals. For this reason we now have reformatories 
and industrial schools where an education and a training 
in useful trades is furnished. Kansas has a Reformatory 
for Young Men at Hutchinson, a Boys' Industrial School 
at Topeka, and a Girls' Industrial School at Beloit. 

Young offenders are now usually tried in juvenile 
courts, created for this especial purpose. A Kansas law 
says that there "is created and established in each county 
of the state, a court to be known as the 'juvenile court,' 
whose jurisdiction shall pertain to the care of dependent, 
neglected and delinquent children. The probate judge 



38 CIVICS AND CITIZENSHIP 

in each county shall be the judge of the juvenile court in 
his county." The juvenile court system is doing a great 
service by dealing with young offenders according to their 
ages and offenses, and giving them an opportunity to 
mend their ways. 

Prevention of Crime. — Crime costs the United States 
hundreds of millions of dollars every year, to say nothing 
of the misery and suffering that accompany it. One per- 
son in every hundred belongs to the criminal class. This 
is a terrible burden on both the guilty and the innocent. 
It could not be removed by fear of punishment, nor the 
principle of justice, but in recent years, the people have 
been awakening to the idea that the way to prevent crime 
is to remove its causes. It is being realized that crime is 
largely the result of wrong training and evil surroundings ; 
of poverty, of crowded tenements, of ill health, of habits of 
disobedience, of extravagant living, of ignorance, of drink, 
of bad company. " These and many other conditions have 
a part in the making of criminals. Reform comes too late 
to do the greatest good when it comes in the prison. This 
view of the question is arousing much interest in the 
means of improving conditions through better wages, 
more pleasant and healthful homes, good music, books, 
and pictures, wholesome amusements, and an education 
that will train for earning a living and caring for a home. 

Prohibition. — Because intoxicating liquors are believed 
to be responsible for much of the poverty and crime in 
existence, their sale and manufacture have been prohib- 
ited in nearly a dozen states, including our own. In 
addition to this, about two-thirds of the states have local 
option which gives cities and counties the right to settle 
this question for themselves. Through this method local 
prohibition exists over at least one-half of the area of the 
United States. 



THE CRIMINAL AND INCAPABLE 39 



Cigarette Law. — Because of the evil effects of tobacco 
on the young, and especially of tobacco in the form of 
cigarettes, the following law has been enacted in Kansas: 

' ' Sale of Cigarettes Prohibited. — It shall be unlawful 
for any person, company or corporation to sell or give 
away any cigarettes or cigarette papers, or to have any 
cigarettes or cigarette papers in or about any store or 
other place for free distribution or sale. 

Minor Not Use Cigarettes or Tobacco. — Every minor 
person who shall smoke or use cigarettes, cigars or tobacco 
in any form on any public road, street, alley, park or 
other lands used for public purposes, or in any public 
place of business, shall be guilty of a misdemeanor, and 
upon conviction shall be punished for each offense by a 
fine of not more than ten dollars; and every person who 
shall furnish cigarettes, cigars or tobacco in any form to 
such minor person, or who shall permit such minor person 
to frequent any premise owned, held or managed by him, 
for the purpose of indulging in the use of cigarettes, cigars 
or tobacco in any form, shall be guilty of a misdemeanor, 
and upon conviction shall be punished by a fine of not 
less than twenty-five nor more than one hundred dollars." 

THE INCAPABLE 

Classes Requiring Charity. — There are certain persons 
in every community who are unable to care for themselves, 
and must be supported by private charity or at public 
expense. They are of two classes; the poor, and the 
mentally or physically incapable. 

Care of the Poor. — The greatest part of this is done by 
local government; that is, by the county and the city. 
Nearly every county has its poor farm and every large 
city its poorhouse. When necessary, people are sent to 



40 CIVICS AND CITIZENSHIP 

these places for entire support, but often the needy are 
given small sums of money to be spent in their own homes. 
The latter method has the advantage of being less 
humiliating to the recipient, and generally more eco- 
nomical, but it has the disadvantage of tempting shift- 
less people who could support themselves, to ask for 
assistance. 

Dependent children are the most helpless .class of all, 
and their care is usually assumed by private institutions 
where they are gathered and kept until suitable homes 
can be found for them among the people. 

Organized Charity. — Until recently all charity giving 
was haphazard and unorganized. Both public and private 
help was given without knowledge of whether it was reall}^ 
needed, and while it did much good, it also did much 
harm by permitting the lazy to live on undeserved charity. 
To prevent this, the work of charity has been quite fully 
organized in many cities. By this means the facts are 
learned about every applicant for aid, impostors are 
exposed, and work is found for those who are able and 
willing to work. 

Defective Classes. — A century ago paupers, defectives, 
and criminals were usually huddled together and given 
the same treatment. Now separate provision is made for 
each class. 

Perhaps no class of persons is so deserving of help as 
the poor who are sick or injured. Many hospitals are 
maintained for them at public expense. 

There are institutions for the deaf and dumb, the blind, 
the insane, the feeble-minded, and the epileptic. It 
would be too expensive for each locality to provide an 
institution for each of these classes, so it is done by the 
state instead. The deaf and dumb, and the blind, receive 
instruction which not only brings pleasure into their lives, 



THE CRIMINAL AND INCAPABLE 41 



but enables them to do some kind of useful work, and to 
become partially or wholly self-supporting. 

The insane were formerly regarded as criminals, but 
today they are considered as having a disease and are 
given medical treatment and often restored to health. 

A ntmiber of states have established asylums for feeble- 
minded children and a few have homes for epileptics. 
Kansas has one of each of these institutions. 

Read article VII of the State Constitution, page 167. 

Table of Charitable Institutions of Kansas: 

State Hospital for the Insane, Topeka. 
State Hospital for the Insane, Osawatomie. 
State Hospital for Epileptics, Parsons. 
State Home for Feeble-minded, Winfield. 
School for the Deaf, Olathe. 
School for the Blind, Kansas City 
State Orphans' Home, Atchison. 
Boys' Industrial School, Topeka. 
Girls' Industrial School, Beloit 

QUESTIONS 

1. Was punishment in former times more or less severe than 
today? Describe colonial methods of punishment. What was the 
purpose of punishment? Was crime lessened? 

2. What are the methods of punishment today? Compare the 
prisons of today with those of our early National history. What 
is capital punishment? Is it used in Kansas? Has the purpose of 
punishment changed since colonial times? Explain. Tell what 
you can of prison methods today. What is a juvenile court? 
What provision is made for juvenile courts in Kansas? What is 
the purpose of these courts? 

3. What are some of the causes of crime? What is the general 
idea today regarding the prevention of crime? What are some of the 
things that are being done? 



42 CIVICS AND CITIZENSHIP 



4. Discuss prohibition. Give the provisions of the Cigarette 
Law. Is it enforced in your community? Whose duty is it to 
enforce it? 

5. Name all the institutions for punishment that you can. 

6. Name the two classes of people requiring charity. Give dif- 
ferent methods of caring for the poor. What means for this purpose 
are provided by your community? Are there any institutions in 
your community for the care of dependent children? Why is 
organization of charity necessary? 

7. What is meant by "the defective classes "? What is done for 
these people? How were they treated a century ago? Name and 
locate all the institutions for the care of these people that you can. 
Are there any charity organizations in your community? If so 
tell something of their work. 

8. What does the great detective, Burns, say produces the 
criminal? What does Henderson say should be developed in those 
who receive charity? 

For Supplementary Study. 

Henderson, Social Spirit in America. 

James and Sanford, Government in State and Nation, 79-88. 

Dunn, The Community and the Citizen, 1 53-161. 

Forman, Advanced Civics, Chapters XLIX. L. 

Warner, American Charities. 

There is no such thing as a horn crook. There 
are young criminals, but that is due to environ- 
ment. Environment has everything to do with the 
making of a criminal. The child is born honest; 
the crookedness comes later. — ^William J. Burns. 

All rational charity tends to sincere fraternity ^ 
to development of self-reliance and self-support. 

— Henderson. 



CHAPTER VII 
PROTECTION OF PERSON AND PROPERTY 

The Courts. — One of the f unctioiis of government is 
to protect the persons and property" of its citizens. As 
we have seen, many laws have been made for this purpose. 
If laws were all that were necessary, government would 
be a simple matter, but people do not always agree as 
to the exact meaning of the laws, nor are all people 
willing to obey them, so it is necessary for a govern- 
ment to establish a system of courts for the purpose 
of administering justice. The following are the principal 
classes of courts in our state: • 

Justice Courts presided over by the justices of the 
peace in each township may try cases of misdemeanor, 
and civil cases involving small amounts. 

City Courts established in the cities may try those 
who have violated city laws. 

Probate Courts presided over by the probate judges of 
the several counties have charge of the estates of deceased 
persons, minors, and insane persons. 

Juvenile Courts, also presided over by the probate 
judges, protect neglected children under sixteen years 
of age, and punish them for violations of law. (Page 37.) 

District Courts, of which there is one in every county 
of the State, are presided over by judges, each of whom 
has charge of a ''district" usually comprising several 
counties. District cotu-ts try both civil and criminal 
cases, including appeals from the lower courts. Sessions 
of this court are held in each county, at the county- 
seat. 

43 



44 CIVICS AND CITIZENSHIP 

The Supreme Court, consisting of the chief justice and 
six associate justices, stands at the head of our State 
system of courts. Its work consists mostly of deciding 
cases appealed from the district courts of the State. 

Cases. — A question that is carried into the courts for 
settlement is called a case. Cases are of two kinds, 
civil and criminal. 

Criminal Cases. — A crime is an act committed, usually 
against an individual, that affects not only the individual 
but the public as well. Robbery, arson, and murder are 
examples of crime. An act may be vicious or wrong 
but it is not a crime unless it is named by law as a punish- 
able offense. Crimes may be classified into felonies and 
misdemeanors. A felony is an act punishable by death 
or a penitentiary sentence. A misdemeanor is a less 
serious offense, such as disorderly conduct or the stealing 
of property worth less than twenty dollars. It is punish- 
able by a jail sentence, or a fine, or both. 

Civil Cases. — Every case that is not a criminal case 
is called a civil case. One man owes another and fails 
to pay the debt; a man refuses to perform his part of a 
contract; there is a dispute over the title to a piece of 
land; a man and his employer disagree concerning the 
price of work done; all of these acts relate to the law 
governing the relations between individuals. It is the 
individual who is chiefly concerned; the public is but little 
injured. Such raatters when brought into court are 
called civil cases. 

Plaintiff and Defendant. — The one who brings suit 
against another before a court is called the plaintiff; the 
one against whom the suit is brought is known as the 
defendant. In a criminal case the plaintiff is the State. 



PROTECTION OF PERSON AND PROPERTY 45 



PROCEDURE IN CRIMINAL CASES 

Arrest. — If a person is suspected of having committed 
a, crime, a formal complaint under oath must be made 
before a justice of the peace, whereupon a warrant will 
be issued for his arrest. Or if the person is caught in the 
act, or under very suspicious circumstances, arrest may 
be made by an officer without waiting to get a warrant. 

Preliminary Examination. — If the offense is a misde- 
meanor the accused may be tried at once before a justice 
3f the peace and the State or the defendant may demand 
a- jury trial; but if the offense is a felony a preliminary 
^examination is held by the justice and if he finds that a 
srime has been committed, and that there are reasonable 
grounds for believing that the accused is guilty, he binds 
him over to the district court. This means that the 
accused will be tried in the district court. The justice 
then decides on the amount of bail. 

Bail. — After the preliminary examination the accused 
may be imprisoned to await his trial, or, if he can secure 
bondsmen, he may be released on bail. This means 
that one or more persons sign a bond to forfeit the amount 
of money named therein if the accused does not appear 
for trial. The amount of bond is left to the discretion of 
the justice but the law provides that it must be reasonable. 

The Beginning of the Trial. — The trial of the accused 
is begun by reading the charge against him. He then 
pleads * ' guilty '* or ' ' not guilty. " If he pleads * ' guilty " 
the judge pronounces what his punishment shall be. If 
his answer is *'not guilty" the next step is the selection 
of a jury to determine his guilt or innocence. 

The Jury. — Every year the township trustees and the 
mayor of each city that is not a part of a township, select 
for jury service one person possessing certain qualifica- 



46 CIVICS AND CITIZENSHIP 

tions prescribed bylaw, for each fifty inhabitants in their 
respective townships and cities. These names they send 
to the county clerk, who puts them into the ^'jury-box." 

At least thirty days before the opening of a term of 
court, the sheriff and two justices of the peace, in the 
presence of the county clerk, open the jury-box and draw 
from it as many names as have been ordered by the 
judge of the court. The sheriff then serves a summons 
on each of these persons requiring him to be present at 
the opening of the term of court. 

When a jury is needed, twelve of these men are selected 
by lot. Each is questioned by the lawyers and for such 
cause as an opinion already formed regarding the guilt 
of the accused, or a prejudice for or against him, a juror 
may be dismissed. A certain number of jurors may also 
be dismissed by each side without giving any reason. 
The act of dismissal is called challenging a juror. When 
twelve men satisfactory to both sides have been selected 
the trial proceeds. 

Subpoena. — A subpoena is an order served on a wit- 
ness commanding him to be present at court at a certain 
time to testify. The subpoena is served on the witness 
by the sheriff, and unless he obeys he may be punished 
for contempt of court '' 

The Process of Trial. — After the witnesses have been 
examined arid cross-examined and the evidence is all in, 
the judge instructs the jury as to the law that applies 
to the case j the lawyers make their arguments, and the 
jury retires from the court to the jury room to decide 
what facts have been proved by the evidence. 

The Verdict. — The decision reached by the jury is 
called the verdict. Almost everywhere the decision of a 
jury must be unanimous. This is provided as a safeguard 
for the accused. If ' a jury cannot agree, it is called a 



PROTECTION OF PERSON AND PROPERTY 47 

* * hung ' ' j ury and is discharged by .th,e judge . It is legally 
considered that no trial has taken place and another trial 
is ordered. 

Sentence. — If the jury brings in a verdict of "not 
guilty" the accused is at once set free, but if the verdict 
is "guilty" the judge pronounces 'sentence, that is, he 
declares what the punishment shall be. 

Appeal. — If the defendant is . not satisfied with his 
trial he may appeal his case, wh^ch^ means that he raay 
ask for another trial in a higher court., 

Rights of a Person Accused of Crinie. — All of the trial 
proceedings are conducted on the presumption that the 
defendant is innocent, and the State, must prove beyond 
a reasonable doubt that he is guilty. , , An accused person 
is guaranteed certain rights. Among them are: 

His trial must be held as soon as possible, in open 
court, before a jury of his fellow-citizens. 

He cannot be held for trial unless a written charge has 
been filed against him. 

He cannot be compelled to testify against himself. 

If he cannot afford to employ a lawyer, one must be 
appointed by the judge to defend him. 

He is permitted to challenge twice as many jurors as 
is the State. 

If a single juror beheves him innocent he cannot be 
convicted. 

While these provisions serve: to protect innocent per- 
sons from undeserved punishment, they also make con- 
viction so difficult as to permit many guilty persons to 
escape conviction. 

PROCEDURE IN CIVIL CASES 

The First Step.— In a civil suit. the first step is taken 
by the plaintiff in a paper called a "petition" or a "bill 



48 CIVICS AND CITIZENSHIP 

of particulars " in which he sets forth his grievance against 
the defendant. The defendant then files an "answer" 
stating his side of the case. The plaintiff then files a 
"reply" to the "answer." The petition, answer and 
reply are called the "pleadings" in the case. 

For instance, A brings suit against B by filing with the 
clerk of the district court a petition stating that A holds 
B's note for $400 which is past due and still unpaid. B 
files an answer in which he states that the goods for which 
he gave the note were not as represented and therefore 
the debt is not binding. A then files aj-eply denying 
that the goods were misrepresented. 

The Trial. — The trial is conducted in a manner very 
similar to the trial of a criminal case. 

The Jury. — Civil cases are often tried before the 
judge only, but a jury trial may be had imder certain 
conditions. 

The Verdict. — In civil cases the verdict is usually given 
in such general terms as "for the plaintiff" or "for the 
defendant, " and in cases in which damages are awarded 
the jury decides the amount. In the case of A and B the 
verdict might be, "We find for the plaintiff in the sum 
of $400." This would mean that B must pay the note. 

Appeals. — In most civil cases either party may appeal 
the case to a higher court. 

Judgment. — The word "judgment" means the de- 
cision of the court. It might be said in speaking of the 
above case that "A was given judgment for $400." 

Execution. — B might pay the amount of the judgment 
and the costs of the suit at once and the case would be 
ended, but if he does not pay it an execution will be issued. 
This execution gives the sheriff authority to seize and sell 
a sufficient amount of B's property to satisfy the judg- 
ment. 



PROTECTION OF PERSON AND PROPERTY 49 

The Jury System.— The jury is a long-established 
part of the judicial system, and possesses a number 
of advantages. Trial by jury gives pubHcity to court 
proceedings. The jurymen gain much practical knowl- 
edge from this experience in public affairs. The jury 
does not pass upon the law involved in a case but upon 
the facts, — it considers questions of right and wrong and 
so its decisions are based upon common sense rather than 
upon technicalities of law. On the other hand there are 
disadvantages. Many classes of men, especially profes- 
sional men, are exempt from jury duty, and so many 
others shirk it that it is not always possible to get juries 
of people best fitted for this important service. In 
complicated civil cases the jury is often incompetent to 
render a just decision, and in criminal cases it often 
decides according to emotion or prejudice rather than 
according to sound judgment. 

Going to Law. — To take a case through the courts 
is a costly process, the expense often amounting to 
many times the original sum involved. Justice is some- 
times long delayed through postponement for trivial 
reasons. Cases are often decided on such technical 
grounds as to cause many to question the methods of 
administering justice. These are only a few of the reasons 
why people should make every effort to settle their 
difficulties out of court. They should, whenever possible, 
avoid going to law. 

QUESTIONS 

1. What is the purpose of a system of courts? 

2. Name the different classes of courts in our State. Who 
presides over each? What kinds of cases does each try? Name 
the courts of your community. 

3. What is a case? Kinds of cases? What is a criminal case? 
Define a felony; a misdemeanor. Give examples of each. 



50 CIVICS AND CITIZENSHIP 

4. What is a civil case? Illustrate. 

5. Define "plaintiff," and "defendant." 

6. Name the steps in the trial of a criminal case. 

7. What is a warrant? May an arrest ever be made without 
a warrant? Explain the "preliminary examination," 

8. What is bail? Its purpose? Who decides the amount? 

9. How is the trial begun? What is done if the accused pleads 
' ' guilty " ? If he pleads ' ' not guilty ' ' ? 

10. How are names obtained for jury service? How is the 
list of jurors selected for each term of court? For each case? 
What is meant by "challenging" a juror? 

11. What is a subpoena? Its purpose? 

12. How does the jury learn the law that applies to the case? 
What does the jury decide? 

13. What is a "verdict"? How many jurors are required to 
reach a decision? What is a "hung" jury? What is done when 
there is a "hung" jury? 

14. What is the "sentence"? What is an "appeal"? 

15. Name and explain the rights that are guaranteed every 
accused person. 

16. What difference can you see between civil and criminal 
cases? 

17. Explain fully the ' ' pleadings " in a civil case. Is there always 
a jury in a civil case? Who decides the case when there is no jury? 

1 8. Discuss the verdict in a civil case. 

19. Explain "judgment" and "execution," and illustrate each. 

20. Discuss the jury system. Why is it usually best for peo- 
ple to avoid going to law? 

For Supplementary Study. 

James and Sanford, Government in State and Nation, 70-78. ■■ 
Smith, Training for Citizenship, 1 12-139. 
Ashley, American Government, 92-101. 
Train, The Prisoner at the Bar. 
Hart, Actual Government, 1 51-166. 

No man's property is safe, and no man's wel- 
fare is assured, where justice is denied to the poor, 
or where crime goes unpunished; no State can 
prosper where hum>dn rights are not respected. 

! — David A. Wells. 



1 



CHAPTER VIII 
CONTRACTS 

Business Law. — In a broad sense, the word business 
may be used to include all occupations in which people 
engage for a livelihood. With this meaning, practically 
every one is interested in business transactions and the 
laws governing them. The great body of laws that have 
necessarily been made to govern business are generally 
referred to as business law. However, one who is engaged 
in business may meet questions involving almost any 
topic of law, and it is not to be supposed that everyone 
can be sufficiently familiar with legal matters as to enable 
him to solve all his difficulties for himself. He may often 
require the expert advice of a lawyer. But all business 
has to do largely with property and contracts, and the 
elementary principles of these everyone can and should 
know; not to enable him to extricate himself from diffi- 
culties that he may get into, but to prevent him from 
getting into difficulties. 

Property. — Property includes all things capable of 
individual ownership. The law regards it as either real 
or personal. 

Real Property, or real estate, consists of land and things 
attached to land, as buildings, forests, streams, lakes, 
minerals, fences, and unharvested crops. 

Personal Property. — All property other than real 
estate is personal property. It includes goods, wares, 
merchandise, patents, trademarks, copyrights, stocks 
and bonds, notes, mortgages, live stock, harvested crops, 
household goods, and many other things. 

51 



CIVICS AND CITIZENSHIP 



A Contract. — A contract is an agreement between two 
or more competent parties, based upon a sufficient con- 
sideration, to do, or not to do, some lawful, possible thing. 

Importance of Contracts. — Practically all business, from 
the simplest to the most complex , is transacted by means 
of contracts. Contracts are made by everyone, and since 
ignorance of the law excuses no one, it is of the utmost 
importance that some of the general principles governing 
contracts shall be known to all persons. Lack of this 
simple and easily acquired knowledge is a great handicap 
in any kind of business. 

Form of Contracts. — Contracts are written or oral, 
express or implied. An express contract is one, the terms 
of which are agreed upon by the contracting parties. An 
implied contract is one which is understood from the acts 
and conduct of the parties, as where one performs service 
for another on request. When a man enters a street car 
there is an implied contract to the effect that the car 
shall carry him a certain distance and he shall pay his 
fare. When a man is employed to plow the garden without 
any agreement as to price, the contract is implied, it 
being understood that he will be paid a reasonable sum 
for his work. If, on the other hand, a price for the plow- 
ing has been agreed upon beforehand, there would be an 
express contract. When a man buys a farm he is given 
a deed to show his title to the land and the right to its 
possession. The deed is a written contract between the 
buyer and the seller of the farm. 

Classes of Contracts. — Contracts may be further 
classified as valid, void and voidable. 

A Valid Contract, is one that contains all the essentials, 
or it is one that can be enforced. 

A Void Contract, is one without any legal effect. It is 
one that cannot be enforced. An agreement to do any- 



CONTRACTS 53 



thing prohibited by law is a void contract. Such an 
agreement would be one to suppress the evidence in a 
criminal case, or a contract to commit a crime. 

A Voidable Contract is one that may, or may not, be 
enforced. It is one that is capable of being avoided by 
one or both of the parties if so desired. 

John, who is under twenty-one years of age, agrees to purchase 
a horse from Smith, an adult. This is a voidable contract for John, 
because, being under age, he may take the horse or not as he wishes. 
Smith, however, could not avoid the contract. 

Essentials of a Contract. — By reading again the defini- 
tion of a contract it will be seen that there are four essen- 
tial points. 

1. Competent Parties. 

2. Agreement. 

3 . Consideration . 

4. Legal Subject Matter. 



COMPETENT PARTIES 

Who May Contract. — Everyone has the full power of 
contract except the following classes of persons : 

1. Minors. 

2. Insane persons, drunken persons, and all others 
mentally incapable. 

3. Under the laws of Kansas, one who is sentenced to 
the penitentiary for life. 

Minors. — Minors are males under twenty-one and 
females under eighteen years of age. The law prestimes 
that they have not yet had sufficient experience to enable 
them to deal safely, so it says in effect that those who deal 
with minors must do so at their own peril. If the minor is 
satisfied with his bargain and wishes to enforce the con- 



54 CIVICS AND CITIZENSHIP 

tract he may do so, but if he is dissatisfied the courts will 
sustain him in repudiating his contract. 

A minor entered into a contract to work on a farm for seven 
months, but at the end of four months he left the farmer's service. 
The court enforced the minor's claim of services, but refused the 
farmer damages for violation of contract. 

Contracts for Necessaries. — A contract for necessaries 
can be enforced against a minor. If this were not so, a 
minor might suffer for food, clothing and shelter because 
no one would be willing to contract with him for these 
supplies. 

Necessaries. — Necessaries include board, food, lodging, 
medicine, and education, such as are suitable to his station 
in life and to his means. These things, however, must be 
necessary to the minor at the time they are supplied. For 
instance, one who supplies food, clothing or lodging to a 
minor who is not in need of them, or who is provided with 
these things by his parent or guardian, cannot bind the 
minor for pa3mient. 

Avoidance of Contracts. — If a contract has been exe- 
cuted, that is, carried into effect, and the minor wishes to 
avoid it, he must disaffirm it within a reasonable time after 
reaching his majority, and must restore to the other party 
all the money or other property received by him under the 
terms of the contract and remaining within his control 
after reaching his majority. The minor may not disaffirm 
his contract if he has represented himself to be of age, or 
if he has engaged in business as an adult, giving the other 
party good reason to believe him capable of contracting. 

The law is intended to protect the minor from those who 
are older and more experienced than himself, but not to 
permit him to defraud others. If a minor represents that 
he is of age, and afterwards avoids his contract on the 
ground of being a minor, he may be held liable for fraud. 



CONTRACTS 55 



Insane or Drunken Persons.— The contract of a lunatic 
who has never been adjudged insane, or of a drunken 
person, is voidable at his option, if at the time the con- 
tract was made he was incapable of fully understanding 
his act, and if his condition was known to the one who 
dealt with him, but if he wishes to avoid the contract he 
must return that which he received. When a contract is 
made with one who is weak-minded, a lunatic, or a drunk- 
ard, or whose mind has been inpaired by sickness or old age, 
and such contract shows an unfair advantage taken by the 
other party, it is usually set aside by the courts. 

Contracts of Married Women. — Formerly a married 
woman was incapable of making any binding contracts, 
but conditions have greatly changed, and are still chang- 
ing in this regard. Kansas is among the most liberal states 
in the union in its laws concerning the rights of women. 
The property which any woman of this state may own at 
the time of her marriage, or which may come to her after 
marriage, is her sole and separate property, and is not 
subject to her husband, nor liable for his debts. She may 
buy and sell, sue and be sued, or carry on any trade or 
business. Regarding property in which she has joint title 
with her husband, she can contract in the same manner 
as the husband, but if a woman has no property of her own, 
and the joint property of husband and wife is in the hus- 
band's name, the contract rights of the woman are limited. 

An unmarried woman has, of course, the same contract 
rights as an unmarried man. 

Read Article XV, Section 6 of the State Constitution, 
page 174. 

AGREEMENT 

Definition. — When the minds of the contracting parties 
meet upon an identical purpose there is an agreement. 



56 CIVICS AND CITIZENSHIP 



This means that they must- agree to exactly the same thing, 
and in exactly the same sense. 

Offer. — An agreement results from an offer on one side 
and an acceptance on the other. As a rule, if parties are 
together when an offer is made, it must be accepted before 
they separate. If an offer is made for a definite time, it 
may be accepted within this time, provided it is not with- 
drawn. 

Option. — In order to be sure of time in which to in- 
vestigate an offer, it is customary to pay the one who 
makes the offer a small sum for keeping it good for a 
certain length of time. This is called "securing an option." 
The one who gives an option cannot withdraw it within 
the stated time. 

Acceptance. — The terms of acceptance must be exactly 
the same as those of the offer. If any condition is added it 
will in reality be a new offer, which may or may not be 
accepted by the original proposer. 

If Jones offers to sell lOO bushels of corn to be delivered at a 
certain time, place, or price, and Smith accepts the offer except as 
to the time of delivery, there is no agreement. 

Agreement by Mail and Telegraph. — When an offer is 
made by mail, the offer continues open until the letter is 
received, and for a reasonable time thereafter unless 
revoked. Acceptance by mail becomes binding when a 
letter is mailed, but a letter revoking an offer does not 
become effective until received. For this reason the with- 
drawal of an offer should be made by the quickest means 
possible. 

Duress. — One who accepts an offer must do it freely 
and without compulsion. If he accepts it through fear 
of personal injury or unlawful imprisonment, he does it 
under duress and the contract is not binding on him. 



CONTRACTS 57 



CONSIDERATION 

Necessity of Consideration. — The thing given by each 
party to the other causing them to enter into the contract 
is called the consideration. 

A bought a cow from B for $50. For A the consideration 
was the cow, and for B the consideration was the $50. 

Contracts to give something for nothing are not binding, 
a consideration is necessary. But whether the thing given 
is equal in value to the thing received does not ordinarily 
concern the law. 

Good Consideration. — The following things are held to 
be good consideration: 

1. Mutual promises. 

2. Acts and forbearances. 

3. Natural love and affection. 

Mutual Promises can form the consideration in such a 
contract as one between a number of merchants agreeing 
to close their places of business at a certain hour. 

Acts and Forbearances. — Because people may contract 
to act, or refrain from acting, such contracts as the follow- 
ing would stand: 

A man and his son make a contract to the effect that if the son 
would refrain from the use of tobacco in any form for a period of 
five years, the father would pay him $1,000. 

Love and Affection. — Natural love and affection, rela- 
tionship and duty, frequently fonn the consideration for 
contracts. 

Valuable Consideration. — :When a consideration con- 
sists of money, or something that can be converted into 
money, it is said to be a ' ' valuable consideration. " A good 
consideration is sufficient as between the parties con- 



58 CIVICS AND CITIZENSHIP 

tracting, but in order to enforce a contract as against 
adverse interests of creditors, the consideration must be 
valuable. 

Johnson, who owed Wilson, conveyed his property to his wife 
without receiving any valuable consideration. Wilson brought 
suit to have the conveyance set aside. The court declared the 
conveyance void because it transferred without valuable considera- 
tion property that could otherwise have been reached by the cred- 
itors. 

SUBJECT MATTER 

Subject Matter. — By this is meant the things to be 
done or left undone. It is the object of making the con- 
tract. 

Certainty. — A contract must be certain and definite in 
its provisions, or its subject matter. 

A man contracts with his father that for the use of the father's 
farm, he will educate his younger brother and set him up in whatever 
business his brother shall select. 

Such a contract would be so vague, and so uncertain in its 
terms, — there would be so much doubt about the amount 
of money to be expended for the younger brother, that it 
could not be enforced. The courts cannot supply what 
the parties have left out. A contract should state its 
provisions with exactness. 

Illegal Contracts. — Contracts that violate the law, or 
are contrary to public policy are void. 

The law prohibits any person from engaging in the practice of 
medicine without first obtaining a license to show that he is qualified 
for the work. An unlicensed physician cannot compel anyone to 
pay him for his services. 

A teacher cannot recover her salary for teaching in the public 
schools if she has no certificate. 



CONTRACTS 59 



Contracts in Restraint of Trade are prohibited. 

A retail dry goods merchant in Kansas City sells out his business 
and agrees not to engage in the retail dry goods business in Kansas, 
Oklahoma or Colorado during the next ten years. This would 
probably be considered an unreasonable restraint of trade. An 
agreement not to engage in the dry goods business in Kansas City 
would have been reasonable, and could be enforced. 

Wagering or gambling is a violation of sound morals, 
and debts contracted in this way are held void by the 
courts of nearly every state in the Union. The law will 
not enforce the payment of a bet. 

Usury. — The maximum rate of interest that may be 
charged is fixed by law in most states, and when a contract 
requires payment exceeding the rate allowed by law it is 
said to be usurious. In Kansas the legal rate is 6 per cent ; 
that is, if in any particular case no rate of interest is 
stated, the legal rate of 6 per cent would be allowed. No 
contract may be made in this state calling for more than 
lo per cent interest. The penalty for usury is a forfeiture 
of twice the amount of usurious interest. If a man were 
to loan money and his contract called for twelve per cent, 
his punishment would be the return of 4 per cent. 

Written Contracts. — When a contract has been reduced 
to writing, it takes the place of all preliminary understand- 
ings and agreements. The verbal agreements cease to 
exist. 

Gray rented a farm from Stone under a written contract, or lease. 
Later he sued for damages because a barn was not built. The lease 
said nothing about building a barn, but Gray was depending upon 
a verbal agreement, which he claimed had been made before the 
contract was drawn. The verbal contract was worthless. 

Termination of Contracts.— The life of a contract may 
be terminated or ended in several ways: 



60 CIVICS AND CITIZENSHIP 

Performance by both parties of the terms agreed upon 
in the contract brings it to an end. 

Impossibility of Performance. — Performance will be 
excused only when it is absolutely impossible. 

An agreement to sing at a concert is excused if the singer is pre- 
vented by sickness from performing according to contract. 

When a school is closed because of a contagious disease in the 
community, it is not absolutely necessary, but only expedient, that 
the work cease, so the contract between the teacher and the school 
is not affected. The teacher's salary goes on the same as when the 
school is in session. 

Cancellation. — By mutual agreement both parties may 
cancel a contract. 

Fraud and Misrepresentation. — To carry out any cun- 
ning or deception in order to cheat another is fraud. 

A man of defective eyesight signed two papers, one of which was 
read to him. He was told that the second paper was the same as 
the first, but later it proved to be a promissory note. Because the 
signature to the note was secured by fraud, payment was excused. 

It was only because of the condition of this man's eyes 
that his contract was set aside. One who can read must 
suffer the consequences if he fails to learn the contents of 
any paper that he signs. It is a safe rule to sign no paper 
without reading it. 

False representation of facts made to mislead the oppo- 
site party is sufficient ground for setting the contract aside. 

A seller of a horse represents him to be sound and healthy, when, 
. known to the seller and unknown to the buyer, he has the glanders. 
The buyer acts upon the representation, buys the horse, and after- 
wards discovers that it is diseased. The buyer may either return 
the horse and recover the purchase money, or keep the horse and 
recover damages. 

The law presumes that everyone will exercise all possi- 
ble care in looking into conditions before making contracts, 



CONTRACTS 61 



and where both parties are in a position to learn the truth 
or falsity of statements, and where each party depends 
and acts upon his own judgment, a false statement of a 
fact will not be sufficient ground for setting aside the 
contract. 

A man sells another a tract of land representing it to be all good, 
smooth, tillable land, while, as a matter of fact, a third of it is rough, 
rocky, and cut up by ravines. The purchaser, however, goes upon 
the land before the contract is signed and is capable of observing 
its condition for himself; the contract could not be set aside on 
account of the false statement made by the seller. 

Alteration of Contracts. — If one of the parties to a 
written contract makes any material change or alteration 
in it, without the other's knowledge or consent, the con- 
tract is rendered void. The one who made the change 
cannot even recover what was due him by the original 
contract. 

A gives B his note for one thousand dollars, payable six months 
after date, with interest at six per cent per annum from date, and 
afterwards B changes the rate of interest from six to eight per cent. 
This would be a sufficient alteration to avoid the note. 

Statute of Limitations. — To avoid the annoyance and 
injustice arising from suits brought upon old claims, all 
the states have a law limiting the time during which suits 
may be brought. Such a law or statute is called ''The 
vStatute of Limitations." In Kansas the limit for open 
accounts is three years, and for written contracts is five 
years. The time begins to run from the first day that 
action could have been brought for collection, or if there 
have been payments since the obligation became due, 
the time begins at the last payment. If an account runs 
three years, or a contract five years without any pay- 
ment, it is said to be outlawed, and payment cannot be 



62 CIVICS AND CITIZENSHIP 

collected ; but if a payment, however small, is made 
before the time limit has expired, it renews the life of the 
obligation which will then have the three or five years to 
run; the debt may also be revived by an express promise 
of the debtor, in writing, to pay it. 

The Making of Contracts. — Human memory is not 
infallible, and sometimes it is biased by selfish interests. 
For this reason, certain important classes of contracts are 
required to be written; all others may be oral. The 
practice of making oral contracts gives rise to a very large 
portion of the suits at law, for, as is readily seen, there are 
sometimes misunderstandings in regard to the terms, and 
it is often difficult and sometimes impossible to tell just 
what they were. So, although only a few classes of con- 
tracts must be written, a great many disputes, hard feel- 
ings, and expensive law-suits might be avoided if all con- 
tracts of any consequence were put into writing. 

The Form of Written Contracts. — In most states the 
law merely requires that some memorandum of the con- 
tract shall be made in writing and signed by the parties. 
No special form is necessary. The law is intended to 
protect all who transact business, and since many persons 
have no knowledge of drawing up legal instruments, the 
requirements of a strict form would work much hard- 
ship. It is only necessary that the essential terms of 
the agreement be given. A contract should usually 
contain : 

1 . The date of making. 

2. The date for carrying the contract into effect. 

3. The names of all parties. 

4. An accurate description of the property concerned 
or the thing to be done. 

5. The consideration. 

6. The signatures of both parties. 



CONTRACTS 63 



* CONVEYANCE OF REAL ESTATE 

Method of Conveyance. — All contracts concerning the 
sale of any interest in land must be in writing. Real 
estate may be transferred only by means of a deed, which 
is a special form of contract. However, this final transfer 
is often preceded by a contract of sale. 

Contract of Sale. — A contract of sale of real estate is an 
agreement between parties that they will, at a certain 
time, complete the necessary steps for the transfer of the 
land. The seller agrees in this contract of sale to sell a 
certain described tract of land for a certain sum, to be 
paid at a certain time, at which time he agrees to deliver 
to the purchaser a warranty deed. The purchaser agrees 
that he will, on a certain date, pay a certain sum for the 
property. 

A and B make an agreement by which A is to buy B's farm for 
$6,000. So they draw up a contract of sale in which it is stated 
that on the following tenth day of June, A will pay B $6,000 and 
receive from him a warranty deed to the property. 

Deeds. — In the above transaction, on the tenth day of 
June, B transfers the title of the property to A by means 
of a deed, which is a legal instrument, giving the date, 
the names of the parties, the consideration, the conveyance 
of title, the description of the land, the warranty clause, 
the signatures, and the acknowledgment. The deHvery 
of the deed to A conveys the title of the property to him. 
If B is a married man, his wife must sign the deed also. 
In Kansas, the husband and wife must join in the convey- 
ance of real property. The seller of land is called the 
''grantor," and the purchaser the ''grantee." 

Consideration. — The consideration named in a deed is 
not necessarily the actual consideration. Sometimes it 
is desired that the real price be not made public and the 



64 CIVICS AND CITIZENSHIP 

consideration is given in such terms as ''One dollar and 
other valuable considerations." 

Acknowledgment. — Acknowledgment is made by B 
going before a notary public or officer having an official 
seal, and declaring the deed to be his free and voluntary 
act. The officer then certifies this on the deed under his 
official seal. 

Warranty Deeds. — There are two principal kinds of 
deeds, — warranty deeds and quitclaim deeds. A war- 
ranty deed is so called because it guarantees to the pur- 
chaser a good title, and that the seller will at any time 
defend the purchaser against eviction by any other claim- 
ant of the title. 

Quitclaim Deeds. — This form of deed does not warrant 
the title, and if the title proves defective, the buyer cannot 
look to the grantor for compensation. The grantor has no 
further responsibility after giving a quitclaim deed, and 
the grantee takes it at his own risk. 

Examination of Title. — While a warranty deed is much 
safer than a quitclaim deed, the purchaser should in all 
cases assure himself of the seller's title, for no seller can 
give a better title than he possesses. The usual method 
of examination is for the purchaser to demand of the seller 
an abstract of title, which should be examined by some 
competent person. An abstract does not make the title 
good or bad; it simply shows the title as it is, and a proper 
examination of it by a competent person discloses whether 
the title is good or bad. Too great care cannot be taken 
in such an important matter as the transfer of real estate. 

Recording of Contracts and Deeds. — All states have 
a system of registering land titles. In every county of 
Kansas there is a Register of Deeds, whose duty it is to 
copy all instruments concerning the transfer of property 
that are brought to him for that purpose. These records 



CONTRACTS 65 



are open to the inspection of the public, who may use them 
for information at any time. 

An unrecorded contract or deed is binding as between 
the parties making it, and all persons having actual notice 
thereof; but if no notice of the transaction is given in 
the public records, and a third party buys the same 
property without notice, his title as an innocent purchaser 
would be good. 

If in the same transaction we have studied, A did not 
have his contract of sale recorded, and B should, during 
the sixty days, sell to C, who had no actual notice or 
knowledge of said contract, the title of C as an innocent 
purchaser would be good, and all that would be left for 
A would be to bring suit against B for breach of contract. 
The same condition would be true with regard to the 
deed. Therefore, for self -protection, all deeds and con- 
tracts should be promptly recorded, as notice that the 
transaction has taken place. 

MORTGAGES 

Mortgage. — A mortgage is a pledge of property to 
secure the payment of a debt or obligation. 

C needs $i,ooo, so he mortgages his farm to D for that 
amount, which means that in return for the $i,ooo, C 
gives D his note for the amount, secured by a mortgage 
on his farm. Under the terms of this mortgage C may 
retain the use of the farm for the specified time, say five 
years, and if at the end of that time C repays the $i,ooo, 
the mortgage is cancelled; but if he does not repay it, 
the farm is subject to foreclosure, which means that it 
may be sold, and after the mortgage debt is paid, the 
balance belongs to C. 

The one who makes a mortgage is the ''mortgagor," 



66 CIVICS AND CITIZENSHIP 

and the one to whom it is made is the ''mortgagee." 
Mortgages are of two general classes, real estate mortgages, 
and chattel mortgages. 

Real Estate Mortgages. — Real estate mortgages are 
those which are given on land. They must be in writing, 
and should be recorded. 

Chattel Mortgages. — A mortgage on personal property 
is called a chattel mortgage. Such a mortgage would be 
one on live stock, furniture, implements, books, jewelry, 
etc. A chattel mortgage is usually given as security for a 
loan or note, and as such is often called chattel security, 
or collateral security. When the owner of the article 
turns it over to the mortgagee to hold until the money 
shall be repaid, the article is said to be pawned. When the 
mortgagee retains possession of the mortgaged chattels, 
the mortgage should be in writing and recorded. 

C gave D a mortgage on a team of horses, but D did not have 
this mortgage recorded. Later, C sold the team to E. If E were 
an innocent purchaser, that is, if he knew nothing of D's mortgage, 
he would have good title to the team. But D could bring suit against 
C for damages, and C would be further liable criminally for selling 
mortgaged property. 

Foreclosure. — It is usually specified that interest on the 
mortgage loan shall be paid at certain times, and on the 
failure of the mortgagor to pay the interest when due, 
or on his failure to pay all taxes assessed against the 
property, or on his failure to pay the full amount of the 
loan when it becomes due, the mortgage may be fore- 
closed. This means that after being advertised for sale a 
certain length of time, the property will be sold at auction 
to the highest bidder. If anything is left after paying off 
the mortgage it goes to the mortgagor. But a certain 
length of time is allowed during which the mortgagor 
may retain possession of the property, and if, during this 



CONTRACTS 67 



time, he can repay the purchaser both the amount of the 
mortgage and the costs of foreclosure, he, by this means, 
regains title to his property. This period of redemption, 
as it is called, is eighteen months in Kansas. 

Release of Mortgage. — When a mortgage is paid the 
records should be made to show that fact. This is some- 
times done by the mortgagee writing a releasement on the 
margin of the record, or it is done by a release deed, which 
is acknowledged and recorded in the same manner as any 
other deed. 

LANDLORD AND TENANT 

Lease. — A landlord is the owner of real estate, and the 
tenant is the one to whom the real estate is rented. The 
relation between landlord and tenant is one of con- 
tract. This contract is called a lease, and may be either 
written or oral. If it is written it may be for any length 
of time, but if oral, it will not be valid for more than one 
year. If written, it should be signed by both parties, each 
party retaining a copy. 

Rights and Duties of Landlord and Tenant. — Unless 
the terms of the lease make special provisions concerning 
each of these matters, the rights and duties of landlord and 
tenant are as follows: 

Rent. — The amount of rent is usually agreed upon in 
advance. When nothing is said about the place of pay- 
ment, it is sufficient if offered, or tendered, on the premi- 
ses. For failure to pay the rent the tenant may be evicted, 
but this must usually be preceded by a notice to quit. 

Notice to Quit. — There need not be any special form 
for the notice to quit, but it must be written, and should 
specify the particular day to quit. Thirty days' notice 
must in most cases be given by either landlord or tenant, 
and in case of tenants occupying farms, the notice must 



68 CIVICS AND CITIZENSHIP 

fix the time so as to end on the first day of March. If the 
notice to quit is given because of failure to pay rent, the 
time is much shorter, usually ten days when payments 
are due monthly. • 

Repair of Premises. — Without a special agreement in 
the lease, the advantages in this matter nearly all belong 
to the landlord. The tenant cannot compel any repairs 
to be made, and must even continue to pay rent in case 
the house is burned down or made uninhabitable by fire or 
floods, without any power to compel the landlord to re- 
build. The tenant takes the house for better or for worse, 
and no matter how dilapidated it may be, he can claim 
nothing from the landlord. 

Repair hy Tenant. — The tenant is not bound to make 
repairs, and if he does make them without any agreement 
to that effect, he cannot compel the landlord to pay for 
them, nor can he take the amount of them out of the rent. 
Any improvements made by the tenant that may be con- 
sidered as becoming a part of the real estate, may not be 
removed by the tenant when he goes. Such improvements 
would be trees, or plants, buildings or sheds fixed to the 
ground, windows, and locks. Anything that the tenant 
has added for the purpose of his business, such as gates, 
pumps, stables or sheds on blocks, or counters in a store, 
that can be removed without injury to the rented property, 
he may remove. 

The Right of the Tenant to Sub-let. — Unless the tenant 
has a lease for a term of more than two years, he may not 
sub-let his interest, or any part of it, without the written 
consent of the landlord. 

Taxes and Insurance are paid by the landlord. 

Quiet Enjoyment of the premises is a right of the tenant 
so long as he keeps his part of the agreement whether so 
stated in the lease or not. 



CONTRACTS 69 



Value of a Written Lease. — A contract between land- 
lord and tenant is of such importance that all leases should 
be written, in order that there may be no danger of disa- 
greement in regard to any of the terms, and in order that 
provision may be made for unexpected conditions that 
may arise. 

Moral Obligations of Landlord and Tenant. — No lease 
can make a good tenant out of one who is careless and 
shiftless. If he is negligent and destructive in his use of the 
rented property, he is not only wasting his own opportu- 
nity and proving unprofitable to his landlord, but he is 
helping to create in the minds of all landlords a distrust 
of tenants, and a disinclination to improve conditions for 
their benefit. 

On the other hand, no lease can make a Hberal landlord 
out of one who is petty and mean. If his sole idea is to 
squeeze every possible cent out of his tenants, and to 
expend the least possible amount in repairs, the tenants 
will try to even things up by taking every advantage of 
him. Many landlords complain that it is difficult to find 
desirable, responsible tenants. This might be at least 
partly explained by taking a look at some of the houses and 
premises provided for tenants. Like so many other rela- 
tions in life, the relation of landlord and tenant depends 
largely upon the character of the persons themselves. It 
is a test of their citizenship, for no tenant who wastes and 
destroys and neglects rented property, nor no landlord who 
lives in ease and comfort on the income derived from ugly, 
crowded, unhealthful, dilapidated homes for the poor can 
be a desirable citizen. 



WILLS 



A Will is a writing whereby one provides for the dis- 
tribution of his property to take effect after his death. It 



70 CIVICS AND CITIZENSHIP 

should always be drawn by a competent lawyer. It re- 
quires at least two witnesses under the laws of Kansas. 

A person may bequeath his property by will to anyone, 
subject only to the limitation that a married man or 
woman may not bequeath more than one-half of his or her 
property to another without the written consent of the 
husband or wife. 

Descents and Distribution. — If a married person dies 
without a will, one-half of his or her property descends to 
the surviving wife or husband, and the other one-half 
descends to the children, jointly. If no wife or husband is 
living, then all descends to the children; if there are no 
children, then all goes to the wife or husband. 

The property of an unmarried person goes to his or her 
father and mother, equally, or if they are both dead, then 
to the brothers and sisters. 



PROMISSORY NOTES 

A promissory note is a form of contract. It is a written 
promise of one person to pay another a certain sum of 
money on demand or at a specified date. A negotiable 
note is one that can be bought and sold. It is payable 
when due to whoever holds it. The negotiable note is a 
great convenience in the transaction of business, but 
trouble sometimes arises through its use because many 
people do not realize that if they give a negotiable note, 
and it is sold to an innocent purchaser, the deal is just as 
fully closed as though they had given a check or paid 
the cash. For instance, a man sells a cream separator 
to a farmer on thirty days trial and takes a note in pay- 
ment. He then goes to town and sells the note to a bank. 
The farmer finds the separator unsatisfactory, but at 
the end of the thirty days he must pay the note because 



CONTRACTS 71 



the bank was an innocent purchaser. The bank knew 
nothing of the guarantee under which the separator was 
sold and had paid the salesman for the note, so there was 
no remedy. The farmer must pay the bank. The only 
way to avoid such a situation would be to write into the 
note all the conditions and agreements. This would 
make it non-negotiable and there could be no ''innocent 
purchaser." 

QUESTIONS 

1. What is business law? Why should everyone be familiar 
with its fundamental principles? 

2. What is property? Name and define classes of property. 

3. What is a contract? Discuss the importance of contracts. 
Name the four forms of contracts and explain and illustrate each. 
What is a void contract? A voidable contract? A valid contract? 
What are the essentials of a contract? 

4. What does the word competent mean? Who is competent 
to contract? 

5. What is a minor? Why does a minor not have full contract 
rights? What contracts may be enforced against a minor? Why? 
Under what conditions may a minor avoid a contract that he has 
made? 

6. A, a minor, agrees to sell a horse to B. Suppose that before 
delivering the horse A refuses to be bound by the contract. Suppose 
the horse has been delivered and the money paid when A insists 
on disaffirming. Suppose that B wishes to disaffirm the contract. 
What are the rights of A and B in each case? 

7. Discuss the contracts of insane or drunken persons. 

8. Discuss agreement as an essential of a contract. Explain 
offer, acceptance, acceptance by mail and telegraph, option, duress. 

9. A offers by letter to sell his house to B for $2,000. B replies 
"I accept, if you will repair the house." Is there a contract? 

10. B offers C his horse for $150 and gives C twenty-four hours 
to accept. After an hour B withdraws this offer and another hour 
later C accepts. Can C hold B to his agreement? 

If C had paid B $10 to keep the offer open, could he have enforced 
the contract? What would such a payment be called? 



72 CIVICS AND CITIZENSHIP 

11. B writes C "I will sell you my house for $1500. The next 
day B writes "I withdraw the offer." The following day, but 
before he receives B's second letter, C mails a letter of acceptance. 
Is the contract complete? Why? 

12. Discuss consideration as an essential of a contract. 

13. B promises to repair C's watch free of charge, but afterward 
refuses to do so. Could C enforce such a contract? 

14. Explain and illustrate classes of good consideration. What 
is meant by valuable consideration? Must the consideration equal 
the thing promised in value? If a man transfers his property to 
his brother without valuable consideration in order to avoid the 
payment of a debt, has the creditor any remedy? 

15. What is the subject matter of a contract? Discuss definite- 
ness in a contract. What are illegal contracts? Illustrate. Can 
one collect a bet through the courts? Why? What is usury? 
What is the legal rate of interest in Kansas? How is usury punished 
in this state? Explain the difference between "legal rate" and 
"contract rate." 

16. Which takes precedence, an oral or a written contract? 

17. Name the ways in which a contract may be ended and 
discuss each. Explain and illustrate misrepresentation of facts in 
making a contract. 

18. What is the result if either party alters the terms of the 
contract without the consent of the other? 

19. What is the "Statute of Limitations?" What is its pur- 
pose? Is it the same in all states? What is the time limit in Kan- 
sas? If A owes B $40 for goods purchased at B's store and pays 
nothing on it for three years, what is the result? Suppose he pays 
$10 at the end of the two years? Suppose that after three years he 
gives his written promise to pay it? 

20. Discuss the value of having contracts in writing. 

21. Is there any special form for a contract? Why? What 
points should a contract contain? 

22. What does the expression "conveyance of real estate " mean? 
May real estate be conveyed by an oral contract? What is a real 
estate contract called? Who is the grantor? Who is the grantee? 

23. What is a contract of sale? What is the purpose of it? 

24. What is a deed? What does it contain? Do people write 
out their own deeds? Must the real price be given in the deed? 
What is meant by the acknowledgment? Name the two principal 
kinds of deed and explain their difference. 



CONTRACTS 73 



25. What should be done by the purchaser of real estate to 
assure himself of a good title? Does an abstract make a title good? 
Explain. 

26. What is meant by recording a contract or deed? Where 
and by whom is this done? Why is it done? What might be the 
result if a deed were not put on record? 

27. What is a mortgage? What are the parties to a mortgage 
called? What two classes of mortgages? Explain each. 

28. Explain foreclosure, redemption, and release as pertaining 
to mortgages. 

29. What do the words "landlord" and "tenant" mean? What is 
the contract between them called? Must it be written? Explain. 

30. Discuss the relation of landlord and tenant regarding rent, 
notice to quit, repair of premises, the right to sub-let, payment of 
taxes and insurance. 

31. Discuss the moral obligations of landlord and tenant. 

32. What is a will? Is there any limitation on the right to 
bequeath property? How does the law distribute the property of 
a married person who has died without making a will? An un- 
married person? 

33. What is a promissory note? What does the word "nego- 
tiable" mean? Explain how fraud may be practiced in the use of 
a note. 



For Supplementary Study. 

General Statutes of Kansas. 
Huffcutt, Elements of Business Law. 
Ellis Pub. Co., Practical Law. 
Lyons, Commercial Law. 
Gano, Commercial Law 



"And sovereign law, the staters collected will, 
O'er thrones and globes elate 
Sits Empress, assisting good, repressing ilW* 

— Selected. 



CHAPTER IX 
THE LAND 

Westward Movement. — At the time of the adoption 
of the Constitution, most of the people of the United 
States lived along the Atlantic seaboard, but the settle- 
ments across the mountains rapidly increased. More and 
more territory was acquired toward the west. These 
great tracts of rich land were, from the beginning, a 
wonderful attraction to the people of the crowded nations 
of Europe, and every year has seen thousands of immi- 
grants take part in the steady westward movement of 
settlement. The land is the source of the people's activity, 
the foundation of their wealth, and no doubt the desire 
to own homes will draw them westward so long as there 
is any available land. 

The Public Land Policy. — In 1780 Congress laid down 
our public land policy, ''that the land shall be disposed 
of for the common benefit of the United States." This 
was a pledge that the lands should not be held as a con- 
tinuous public domain, and that the proceeds of the sales 
should be used to pay the public debt. It was made 
before the seven states that claimed territory to the west- 
ward had ceded their rights to the National Government. 
Of the 3,500,000 square miles within the present bounds of 
the continental United States, 2,825,000 square miles, or 
over four-fifths of it, have at some time been the property 
of the National Government. A large part of this is still 
undisposed of, but most of it lies in the western states and 
Alaska, and is chiefly desert, mountain and arid regions. 
Very little farm land is still owned by the Government. 

74 



THE LAND 75 



Who Owns the Land? — The land of the whole country 
is in the hands of several classes of owners; the United 
States, the states, cities, corporations including railroads, 
and individuals. 

Land Owned by the Nation. — The National Government 
is the greatest land owner in the country, both of unsold 
public land and of improved real estate. More than half 
of the city of Washington is national property. The 
United States owns military posts, arsenals, armories, 
and navy yards; lighthouses along the oceans, lakes, 
and rivers; and a large number of buildings for post- 
offices, custom houses and federal courts. The United 
States owns large areas of forest reserves such as Yel- 
lowstone Park, the Yosemite reservation, several reser- 
vations of big trees in California, and the Arkansas Hot 
Springs in the Ozark Mountains. 

Land Owned by States. — A few states own forests. 
New York, for instance, has bought up land in the Adiron- 
dacks. Some states have purchased notable places for 
parks, such as Niagara Falls in New York, and Valley 
Forge in Pennsylvania. The states all hold very valuable 
real estate for public buildings, such as the capitols and 
state institutions. 

Land Owned by Cities. — The cities stand next to the 
United States in the amount of real estate owned. They 
own the streets, so long as the land is used for this pur- 
pose; many cities own water- works which often include 
land outside of the city limits; most cities own parks, 
which are becoming more and more important and 
valuable every year; some seacoast cities own docks 
which bring in a good revenue; every city owns many 
such pubHc buildings as schoolhouses, city halls, engine- 
houses, police stations, workhouses, hospitals, and 
libraries. 



76 CIVICS AND CITIZENSHIP 

Land Owned by Corporations. — The railroads are great 
land owners. They own roadbeds and ground for stations, 
side-tracks, and city terminals. There are about 240,000 
miles of railroad in the whole country and the railroad 
companies own an average of twelve acres to the mile. 

Manufacturing establishments own a great deal of land, 
as also do mining corporations, ranching companies, 
logging and irrigation companies, and churches and 
schools. 

Individual Ownership. — The Government has followed 
the plan of letting the people have land on easy terms 
until the principle of private ownership has become 
firmly established in this country. In Russia, much of 
the farm land is held in common by the villages, and in 
England, Germany, and other countries, much of the 
land is held in large estates by a few wealthy owners, and 
rented out to tenants. 

Methods of Disposing of Government Land. — The 
Government has used various methods of disposing of 
the public lands. The soldiers at the close of the Rev- 
olution were granted about ten million acres, and those 
of the Mexican War about sixty million acres. At first 
the Nation sold large tracts of land to colonizing compa- 
nies; then it sold small tracts on credit to individuals, but 
this led people to buy more than they could pay for, 
so a third method was tried, that of selling to all comers 
for cash at a minimum of $1.25 an acre. This plan 
tempted speculators to buy in such large quantities that it 
assisted in bringing on the Panic of 1 83 7 . Congress passed 
the Homestead Act in 1862, under which a quarter section 
of land was given to the head of any family, if he were 
not already the owner of more than 160 acres, after he 
had lived on it five years and had paid a small fee. A 
great deal of land has been granted to railroads which in 



THE LAND 77 



turn sell it to settlers in order to build up traffic for their 
roads. The distribution of the valuable land is now almost 
completed; little good farming land is left.. The liberal 
land policy followed by the Government has had much 
to do with the rapid development of the country, by 
making it possible for thousands of poor people to obtain 
homes at a small cost. 

The Outlook. — With the good farm land practically 
all taken, and our population rapidly increasing, it seems 
that the time is not far distant when there will not be 
enough land to supply the demand. This will mean that 
land will become so high in price that only the wealthy 
can own it. Then the poorer people will become tenants. 
This has long been the condition in many European 
countries, but it is not in harmony with the independent 
spirit of the American people. The principle of individual 
ownership of land has been, very largely, the foundation 
of progress among the whole people in wealth, education, 
and self-government. Therefore every effort must be 
made to prevent the growth of the tenant system in this 
country. 

What is Being Done. — Several things are being done 
to make it possible for the American people to continue 
to be land owners. Among these are the following: 

1. Great areas of desert land are being reclaimed by 
irrigation. Much of this soil is wonderfully fertile and 
when supplied with water will furnish thousands of 
people with valuable farms. 

2. Individuals and corporations have used the Home- 
stead Law and other public land acts to secure large 
tracts of land at low cost. The Government has realized 
the necessity for greater care in disposing of public lands 
and has discovered and checked many of these land- 
grabbing schemes. 



78 CIVICS AND CITIZENSHIP 

3. Much of the land has been wastefully used and 
the soil exhausted, but a new era in fanning is opening. 
Better methods are being used; the study of seeds and 
soils and crops is enabling the farmer to produce far more 
to the acre than was possible before. The National 
Department of Agriculture and the agricultural colleges 
of the country are carrying on a great educational work 
in this field. In our own State, and in some others, this 
work is also being done in the high schools and common 
schools. This great movement will tend to make a few 
acres produce as much as a large farm did in the past and 
the land will thus support more people. 

The Work of Irrigation. — A large part of the land in 
the western states is valueless as farming land, because 
of the lack of rainfall. Much of such land has been 
reclaimed by irrigation, but this is so expensive as 
to make it a difficvilt undertaking for individuals. 
For this reason a national law was passed in 1902 pro- 
viding for the irrigation of land by the United States 
government. Money obtained from the sale of public 
lands is being used to build dams which form great 
reservoirs to catch the spring floods from the mountains. 
The lands that are irrigated from these reservoirs are 
sold to settlers and the money is put into the fund to 
construct more reservoirs, so that the scheme is largely 
self-supporting. The construction of these dams, and 
the carrying of the water, perhaps hundreds of miles 
to the land to be irrigated, are wonderful feats of en- 
gineering and cost an immense amount of money. But 
it is believed that the great increase in the value of the 
land will be double the expenditures for irrigation. 

Land Survey. — In the thirteen original states the land 
was surveyed a bit at a time as it became necessary, 
making very irregular tracts and resulting in many 



THE LAND 



79 



boundary disputes. For this reason, a uniform system 
of survey was established when the settlement of the 
Ohio valley was begun and has been applied to all the 
rest of the land belonging to the United States. 





1 








\ 


\ 


I 


9 


1 


\ \ 




8 


1 




/ 1 CofrQciion 


•^ 


Link \ \ 




6 


"^ 










5 


f 












4 


? 






, 




3 












2 










\iv\in II 




RJ 


II 


III 


IV 



Base 



Line 



Twenty-four principal meridians have been established, 
the first on the western boundary of Ohio and the last in 
Oregon. Between these, other meridians called range 
lines were drawn six miles apart. A parallel of latitude 
was then chosen and called a base line, and township 
lines were run six miles apart both north and south of this. 
The country is thus divided into congressional townships 
six miles square. These townships are numbered east 



80 



CIVICS AND CITIZENSHIP 



and west from a prime meridian, and north and south 
from the base line. The fact that meridians come closer 
together as they go farther north would make the town- 
ships grow smaller. To avoid this, new base lines are 
run at frequent intervals and are called correction lines. 
Each township is divided into thirty-six sections, each 
one mile square, and containing 640 acres. Notice the 



TOWNSHIP— SIX MILES SQUARE SECTION— ONE MILE SQUARE 



6 


5 


4 


3 


2 


1 


7 


8 


9 


10 


11 


12 


18 


17 


16 


15 


14 


13 


19 


20 


21 


22 


23 


24 


SO 


29 


28 


27 


26 


25 


31 


32 


33 


34 


35 


36 



N. ^ 


S.W.J 


N. 1 OF S.E. i 


S.W. i 

OF 

S.E. i 


S.E. i 

OF 

S.E. i 



method of numbering. Each section is divided into 
halves, quarters, half -quarters, and quarter-quarters. 

This system of survey makes it easy to locate any given 
piece of land, and the easy method of transfer makes the 
buying and selling of land a simple matter. In England 
the transfer of land is so expensive that few small tracts 
can be bought and sold. 

Eminent Domain. — The property rights of the indi- 
vidual are very carefully guarded by the government, but 
it becomes the duty of the government to do what is best 
for the greatest number of people. If a road or a street is 
needed, that government which has authority over the 
matter, whether it be city, county, state or national may, 



THE LAND 81 



if necessary, take from individuals sufficient land to make 
the road or street. But the owners of the land must be 
paid a just amount for the property. The right of govern- 
ment to take private land for public use is called the right 
of eminent domain. Through this right, land may be 
secured for schoolhouses, for city parks, for railroad 
tracks and stations, for government buildings such as 
postoffices, for government reserves and for many other 
purposes. 

Read Article XII, Section 4 of the State Constitution, 
page 171. 

QUESTIONS 

1. Give an account of the westward movement of settlement 
since the early colonial days. Does it still continue? Do you 
know of any movement toward the west at present? 

2. What has been the public land policy of the United States? 
Has much of our land ever belonged to the National Government? 
Does the Nation still own any land? Does the Nation own any 
land in Kansas? 

3. Discuss the ownership of land by states. Do you know of 
any land belonging to the state of Kansas? 

4. Discuss cities as land owners. If you live in a city make a 
list of the land owned by the city. 

5. Tell all you can of land owned by corporations. What 
corporations in your community own any land? 

6. Discuss individual ownership of land and its importance. 
What objection can you see to the tenant system? 

7. Discuss land in regard to supply and demand. 

8. Give the three general ways in which the land supply is being 
increased. Discuss each, 

9. Explain the Reclamation Act. 

10. How was land surveyed in the thirteen colonies? What ob- 
jection to this method? When did the present survey system begin? 

11. Make a diagram and explain the survey lines. What are 
range lines? How far apart? 

12. What is a base line? What are township lines? How far 
apart? 



82 CIVICS AND CITIZENSHIP 

13. Draw diagram and show correction line. 

14. How large is a township? 

15. What is a section? How many sections in a township? 
Explain with the aid of a drawing, the divisions of a section. 

16. Give a definition of "eminent domain." Do you know of 
any land that has been set aside for public use through this right? 
What does the State constitution say about it? What is the mean- 
ing of the quotation at the close of this chapter? 

For Supplementary Study. 

Forman, Advanced Civics, 63-71, 184-192. 

Dunn, The Community and the Citizen, 43-53. 

James and Sanford, Government in State and Nation, 319-336. 

Ashley, American Government, 259-274. 

Hart, Actual Government, 321-381. 

Channing, Students' History of the United States, 219-227. 

Overton Price, The Land We Live In. 

Encyclopedia, Public Land, Homestead Act, Irrigation. 

Brigham, Commercial Geography, Chapter XL 



The future development of the public land policy 
will probably be guided more directly by scientific 
study of the lands and their possibilities than has 
heretofore been the case, which leads to the certainty 
that the ultimate solution will be for the best interests 
of the public. — Morris Bien. 



CHAPTER X 
INDUSTRIAL DEVELOPMENT 

The Corporation. — A corporation is a group of persons 
that are empowered by law to act as one person. In other 
words, a corporation is an artificial person, having in many 
ways, the same relation to the law as a natural person. It 
may sue and be sued in the courts, and, under certain re- 
strictions, it may acquire property and borrow money. It 
may live forever, unless limited or destroyed by law, 
because the death of any of the persons forming it does 
not affect the corporation. 

Classes of Corporations. — Corporations are of two 
general kinds, public and private. A public corporation 
is one organized for political purposes. The best example 
of the public corporation is the city. Counties and town- 
ships are corporations in the sense that they can acquire 
property, and can sue and be sued. A private corporation 
is one organized for the profit of the individuals. Rail- 
roads, banks, and factories are examples of private cor- 
porations. 

The Private Corporation. — This form of organization 
is old, but only during the last half century has it become 
important. Its growth has come about through the in- 
dustrial development of our country. Today, the control 
of such corporations constitutes one of the greatest 
problems of government. 

Industries. — Industries are branches of occupation or 
business. The raising of different products, as cotton, 
com, or sugar beets, the raising of cattle, hogs, or sheep 
is each an industry; cooking, sewing, gardening, shoeing 

83 



84 CIVICS AND CITIZENSHIP 

horses, and building houses are all industries; the manu- 
facture of furniture, clothes, machinery, food, and hun- 
dreds of other things, are still other classes of industries. 
In looking over this partial list, it will be remembered that 
some classes of these industries, particularly the factories, 
employ much labor and capital. They may be called 
organized industry, and it is with them especially that we 
are interested in this chapter. 

During the century and a quarter that has passed since 
the establishment of our National Government, there has 
been no line of progress more important than that of 
industry. 

Early Industrial Conditions. — In colonial times each 
family, as far as possible, supplied its own needs; it spun 
and wove the cloth, made most of the garments, prepared 
nearly all of the food, and built much of the furniture. 
Whatever had to be produced outside of the home was 
made in small shops. The volume of business was not 
large because the people had few needs ; they were plain 
and simple in their manner of dress, and in their homes; 
farming implements were few, and there was but little 
machinery of any kind. It was not necessary to have big 
factories to supply the people's needs. Those who were 
engaged in milling, shoe-making, weaving, or other trades, 
did the work themselves. The business world was made 
up of individuals, each with his own trade. 

Much the same conditions prevailed among communi- 
ties, as among individuals; there was little division of 
labor. So long as the means of travel were poor, there 
could be little exchange of commodities. This made 
progress comparatively slow, for if a community that was 
best adapted to manufacturing, had to use much of its 
time in trying to produce a sufficient supply of agri- 
cultural products on its rocky hills, there would not be 



INDUSTRIAL DEVELOPMENT 85 



enough time and energy left to build up a great manufac- 
turing center. 

Industrial Conditions Today. — With the building of 
roads and canals, and especially with the building of the 
great network of railroads over the country, conditions 
were changed; each community was enabled to ship in 
whatever was needed, and thus was left free to use its 
energies in developing its own particular industries. 

So many inventions and so many improvements in 
machinery have been made, that very few kinds of work 
are done now in the same way that they were done a 
hundred years ago. Our shoes, instead of being made in 
the shoemaker's shop, are made in great factories, employ- 
ing hundreds and often thousands of people. The same 
thing is true of other industries. Much of our food is 
prepared in factories, our furniture, clothing, tools and 
implements are chiefly factory products, and as time 
passes more and more of the work of the people is being 
done by big business concerns organized for this purpose. 
These organizations are the private corporations that have 
multiplied with such marvelous rapidity during the last 
half -century. 

The Reason for Corporations. — To build a factory and 
equip it with machinery, to organize a bank, or build a 
railroad, requires such an immense amount of money that 
it becomes necessary for a number of persons to combine 
their capital in order to accompHsh it. The partnership 
was found not to be a satisfactory organization for the 
purpose, because (i) each partner is Hable for the debts 
of the whole firm, and because (2) the death of one part- 
ner ends the partnership. Neither of these conditions 
is true of the corporation. 

Organizing a Corporation.— If A, B, and C wish to 
build and equip a factory, they organize themselves into 



86 CIVICS AND CITIZENSHIP 

a company, secure a charter, and sell their stock, which 
means that in order to raise the necessary capital they 
offer shares in their company for sale. These shares are 
purchased by the pubHc as an investment, for if the 
factory succeeds, the stock-holders will receive on each 
share a per cent of the profits. B^t- this means it is usual 
for a great many people to furnish the capital necessary 
to build factories, establish banks, operate mines, or carry 
out other large undertakings. 

The " Blue Sky " Law.— The right of incorporation 
has given rise to much abuse through the selUng of stock 
that was either worthless or fraudulent. For instance, 
companies have been formed to sell stock in mines that 
either did not exist or were without value, or to manu- 
facture some article that was improfitable, or ' ' promoters " 
have sold stock and then failed to carry out the promised 
undertaking. 

To prevent such things, the Kansas Legislature of 191 1 
passed a law requiring every investment company (ex- 
cept certain specified kinds) that wishes to do business 
in this state to file with the State Bank Commissioner a 
detailed statement of its plan of business. The Bank 
Commissioner makes a careful examination and if satis- 
fied with the result he issues to such company or cor- 
poration a certificate permitting it to transact business 
in this state. No investment company may operate in 
Kansas without such permission. To keep its certificate 
in force, the company must file with the Bank Commis- 
sioner, twice a year, a statement of its financial condition. 

This law protects the people of the state from the 
purchase of worthless stock, that is, stock that has no 
more money value than just so much *'blue sky." It is 
probable that other states will follow the example set by 
Kansas. 



INDUSTRIAL DEVELOPMENT 87 



' The Trust. — A trust is a combination of corporations, 
or it might be called a corporation of corporations. The 
purpose of a trust is to do away with competition between 
a number of corporations engaged in the same business. 
For instance, half a dozen corporations are engaged in the 
sugar business, each one trying to buy material cheaper, 
and to sell sugar cheaper than the other five. To do away 
with this cutting of prices they form a trust. This is 
accomplished by the formation of a new corporation which 
purchases the stock of the competing corporations. In 
this way it becomes their owner, and controls the prices 
of their goods, and the amount of goods produced. This 
great combination of corporations is called a trust. Since 
this sugar trust has gained control of nearly all of the 
sugar industry, it is said to have a monopoly. It has done 
away with competition between the corporations and can 
fix the prices of sugar, which it does not always do justly. 

The Trust Problem. — The greatest advantage claimed 
for the trust is that it reduces the cost of production; it 
uses only the best machinery and methods of work, it 
locates its plants so as to reduce freight expenses, it re- 
quires fewer employees, especially for office work, and for 
traveling salesmen. It cannot be denied that the trust can 
produce goods at the lowest possible figure. 

On the other hand, by reducing the number of em- 
ployees the trust throws a number of people out of work, it 
often sells shares far in excess of the value of its property, 
and it can drive the small competitor out of business. For 
instance, if another sugar factory is organized, the trust 
can send sugar into that community and sell it cheaper 
than the small factory can. If the small factory does not 
reduce its price it gets no trade; if it does sell as cheap as 
the trust does, it loses money and soon fails. In either 
case it is driven out of business. The trust, because of its 



88 CIVICS AND CITIZENSHIP 

great wealth, can afford to sell sugar below cost until the 
factory is ruined, and then it can raise the price again. 

Control of Corporations and Trusts. — Since nearly all 
corporation charters are obtained from the states, each 
state possesses the power to determine the privileges of any 
corporation doing business within the state. But many of 
the corporations and trusts are engaged in business in a 
number of states; this is interstate business, and comes 
under the authority of the National Government. The 
control of corporations and trusts is an important and com- 
plicated matter and one that is engaging much of the 
attention of the American people today. Some good has 
been accomplished through publicity of trust methods. 
In recent years a Bureau of Corporations has been estab- 
lished by the National Government, which has made many 
investigations of trusts. The Sherman Anti-Trust Law 
of 1890 says that ^^ all combinations in restraint of trade are 
illegal/' and under this authority suits have been brought 
against the beef trust, the paper trust, the Standard Oil 
Company, and several others, and some good has resulted, 
but the trusts are still with us, and much study and experi- 
ment will no doubt be required to find the best method of 
controlling them. 

Read Article XII of the State Constitution, page 171. 

LABOR 

Labor Unions. — A century ago, when almost everyone 
"was in business for himself, there were few employees; 
but with the growth of the factory system, there came to 
be a great ntmiber of hired workers. Naturally, these 
people met for the discussion of such matters as wages and 
hours of labor. Later they began to combine, those en- 
gaged in the same trade uniting in one association called 



INDUSTRIAL DEVELOPMENT 89 



a trade union. These unions were not only for the 
purpose of raising wages and shortening hours of work, 
but for the advancement of all the interests of the 
members. 

Attitude of the Public Toward the Labor Union. — The 
trade union was for many years regarded with considerable 
distrust, and a number of court decisions were handed 
down against combinations for the purpose of raising 
wages. But that time is past and today there is no ques- 
tion as to the right of workmen to combine. 

Regulation of Labor. — The Constitution says nothing 
about labor, so its regulation is left to the states. The 
importance of the subject is made evident by the large 
amount of legislation concerning it. 

Hours of Labor. — Eight hours constitute a working day 
for those in the service of the National Government, and 
in about half of the states, including Kansas, eight hours 
is the limit for public work. But it is in such places as 
factories, mines, and mills that the working hours bear 
heavily on the employees, for ten, twelve, and even four- 
teen hours of labor are often required. In very recent 
years much interest has been aroused in these conditions. 
The western states are taking the lead in limiting the 
hours of labor for men, especially in mining and similar 
industries. Until the last few years there were almost no 
limitations placed on the number of hours that women 
could be compelled to work, but the rapidly increasing 
number of women employed in industrial pursuits is 
bringing this matter before the public, and some legisla- 
tion has been obtained. Quite a number of states have a 
ten-hour law for women and a few states, among them 
Arizona, Wisconsin, and California, have passed eight-hour 
laws. Missouri has a nine-hour law. Most of these 
states have exceptions for certain occupations. 



90 CIVICS AND CITIZENSHIP 

Protection of Life. — Many of the states demand that 
all employers of labor shall protect the health and safety 
of employees by providing proper lighting and ventilation, 
and fire escapes, boilers and machinery that meet the 
requirements of state inspectors. The Bureau of La- 
bor and Industry of Kansas sends out two factory in- 
spectors who may require changes to be made in the 
machinery and sanitary conditions of the factories of 
the state, if they deem it necessary. 

Fire Escapes. — In 1909 Kansas passed a law requiring 
that factories, churches, lodge halls, theatre buildings and 
other public buildings more than two stories high, and 
school buildings more than one story high, shall be pro- 
vided with fire escapes. Certain numbers of exits with 
outward-swinging doors are also required. ' 

Compensation for Injuries. — All of the states have long 
provided that employers engaged in those lines of business 
dangerous to the lives of their workmen are liable, under 
certain conditions, for injuries received by the workmen. 
Through technicalities, or on account of some negligence 
on the part of the workmen, employers have been able, 
in many cases, to escape the payment of these damages. 
On this account, Kansas and several other states have 
recently passed laws providing for the payment of damages 
to workmen for all accidents received in the discharge of 
their duty. These laws are known as Workmen's Com- 
pensation Acts. 

Child Labor. — One of the most important features of the 
labor question has to do with the employment of children. 
There has been a good deal of legislation prohibiting child 
labor, but in big cities and other industrial centers thou- 
sands of children are at work instead of in school, and 
often for long hours, and in unhealthful surroundings, so 
that they become dwarfed in body, mind, and soul. 



INDUSTRIAL DEVELOPMENT 91 



Some states have good laws regarding child labor, some 
have poor ones, and some have none at all. The southern 
states are especially careless in this matter. The Kansas 
Child Labor Law is probably the best in the United States. 
It provides as follows : 

''Employment of Children Under Fourteen. — No child 
under fourteen years of age shall be at any time employed, 
permitted, or suffered to work in, or in connection with, 
any factory, workshop not owned or operated by the 
parent or parents of the said child, theater, or packing 
house, or operating elevators, or in or about any mine. 
It shall be unlawful for any person, firm or corporation to 
employ any child under fourteen years of age in any 
business or service whatever during the hours in which 
the public school is in session in the district in which said 
child resides. 

''Employment of Children Under Sixteen. — It shall be 
unlawful for children under sixteen years of age, who are 
employed in the several vocations mentioned in this act, 
or in the distribution or transmission of merchandise or 
messages, to be employed before seven o'clock a. m. or 
after six o'clock p. m., or more than eight hours in an^^ one 
calendar day, or more than forty-eight hours in any one 
week. No person under sixteen years of age shall be em- 
ployed at any occupation nor at any place dangerous or 
injurious to life, limb, health or morals. 

^'Certificate of Age Required. — All persons, firms or 
corporations employing children in any of the vocations 
mentioned in this act under sixteen years of age shall be 
required to first obtain a certificate of the age of such 
children. 

"Penalty. — Any person, firm or corporation employing 
any person or child in violation of any provision of this 
act, or permitting or conniving at such violation, shall be 



92 CIVICS AND CITIZENSHIP 

deemed guilty of a misdemeanor, and upon conviction 
thereof shall be fined in a sum not less than twenty-five 
dollars nor more than one hundred dollars, or by imprison- 
ment in the county jail not less than thirty days nor raore 
than ninety days." 

Along with the Child Labor Law was passed the Truan- 
cy Law, which requires that all children shall, between 
their eighth and fifteenth birthdays, be in school during 
the entire term of their district. Any parent or guardian 
violating this law may be fined in a sum not exceeding one 
hundred dollars. 

Labor Disputes. — The chief use of the labor union is 
in dealing with the employer. When the union decides to 
ask for a change in hours, or wages, its representatives 
meet the employers and discuss the matter. Whatever 
bargain is made binds every member of the union. As a 
rule, if no agreement can be reached, the members of the 
union go out on a strike) that is, they refuse to work under 
the old terms. If the employer refuses to furnish work to 
the union, we have a lock-out. In either case it brings 
inconvenience and loss to the public. For this reason, 
boards of arbitration for the settlement of troubles between 
employers and employees, have been established in about 
half of the states, but the plan has been only partially suc- 
cessful because the decisions of the board can not be en- 
forced. Arbitration has not been made compulsory 
because of the danger of interfering with individual 
freedom. 

Purpose of the Trust and the Labor Union. — The trust 
has been developed to prevent competition and its pur- 
pose is to produce wealth for the stock-holders. But the 
labor union has been formed to promote the interests of 
the great body of people who are employees. Its pur- 
pose is to secure more sanitary conditions, better homes, 



INDUSTRIAL DEVELOPMENT 93 



and wages that will permit them to obtain an education 
and live in such a manner as to develop a higher standard 
of civilization. 

The Age of Organization.— The trust and the labor 
union are not the only forms of organization that have 
developed with the passing years, for the workers in 
almost every line of himian endeavor have united for the 
purpose of furthering their abihties and their interests. 
There are organizations of professional people, doctors, 
lawyers, teachers, dentists, pharmacists; organizations of 
those engaged in commercial callings, merchants, bankers, 
and contractors; and there is a national organization in 
nearly every line of manufacturing industry. Even the 
work of politics and of charity is organized. The trend of 
the times is toward more and more complete organization 
in every activity. 

QUESTIONS 

1. What is a corporation? In what ways is it like a person? 
Name the classes of corporations. What is the purpose of each? 
Give examples of each. 

2. What are industries? Illustrate. Explain what is meant 
by organized industry. What are some of the industries of your 
community? Which of them employ much labor and capital? 

3. Discuss the manner of life in colonial days. Name as many 
as possible of the kinds of business in which people were engaged. 
Were there many factories in colonial days? Explain. 

4. Discuss relation between communities in colonial days. 
What effect did this have on industrial conditions? Describe 
industrial conditions today. What were the chief factors in bring- 
ing about the change? Explain why corporations have developed. 
What advantage has the corporation over the partnership as a form 
of organization? 

5. Explain the manner of organizing a factory. Illustrate by 
considering your school a community and your class a number of 
persons wishing to establish a factory. Suppose your teacher to 
be the State Bank Commissioner and illustrate the working of the 
"Blue Skv" Law. 



94 CIVICS AND CITIZENSHIP 

6. Suppose that several classes in your school organized factories 
for the same purpose as yours; what would lead all of you to form a 
trust? What advantage would it give you? How could you abuse 
your advantage? What is a trust? What is meant by the "trust 
problem?" 

7. Discuss the control of corporations and trusts. What law 
was passed for this purpose? 

8. What effect has the industrial development had on labor? 
Explain the beginning of the labor unions. What is their purpose? 
How did the public feel toward the labor union in earlier times? 
How does it feel today? 

9. Is labor regulated by state or national authority? Does the 
State Constitution say anything about it? 

10. Discuss the number of hours that people may be required to 
work. What responsibility does the employer have concerning 
the health of his employees? Concerning their safety? Illustrate. 

11. What is the Workmen's Compensation Act? Discuss the 
fire escape law. What buildings in your community are equipped 
with fire escapes? Are there any others that should be? 

12. Discuss the evils of child labor. How does Kansas rank 
among the states on the child labor law? What does the law pro- 
vide regarding children under fourteen years of age? Under six- 
teen? What penalty is provided for violation of this law? Give 
provisions of the Truancy Law. 

13. Discuss labor disputes? What are strikes? What are 
lockouts? Does a strike affect anyone besides employer and 
employees? Explain. 

14. Discuss arbitration as a means of settling labor troubles. 

15. Are there any labor unions in your community? Can you 
find out the purpose of such unions? Do all laborers belong to 
unions? Does the labor union present any problems of government? 

For Supplementary Study. 

Coman, Industrial Development of the United States. 

Brigham, Commercial Geography, Chapters XII and XIII. 

Reports from Bureau of Labor and Industry, Topeka, Kans. 

James and Sanford, Government in State and Nation, 107-112. 

Forman, Advanced Civics, 369-375, 360. 

Ashley, American Government. 

Seager, Introduction to Economics, Chapter XXII. 



INDUSTRIAL DEVELOPMENT 95 



New times demand new measures and new men; 
The world advances and in time outgrows 
The laws that in our fathers^ day were best; 
Andf doubtless, after us, some purer scheme 
Will be shaped out by wiser men than we, 
Made wiser by the stead.y growth of truth. 

— James Russell Lowell. 



CHAPTER XI 
TRANSPORTATION 

Early American Roads. — The earliest pathways were 
the buffalo and Indian trails made by centuries of use. 
With the coming of the white men the construction of 
roads began, a work requiring many years, for forests had 
to be cut, swamps crossed, and bridges made. In New 
England the first roads were along the hilltops, because 
the people farmed on the hills where the trees were more 
easily cleared away and fewer bridges were needed. The 
settlements were so scattered, the country so rough, and 
the task of road-building so great, that Httle was accom- 
plished during colonial days and travel was very slow and 
tedious. It required six days to make the trip from New 
York to Boston. 

Effect of Poor Roads on the Colonies. — It is well to 
remember the difficulties of travel in connection with the 
slow growth of the idea of union among the colonies. It 
is not surprising that each colony had a tendency to con- 
sider itself entirely separate from the others. Transpor- 
tation of goods was difficult and expensive. The cost of 
hauHng merchandise across the country in wagons was so 
great that it tended to make each locality try to supply 
all of its own needs instead of developing the particular 
industry to which it was best adapted. 

Devielopment of Means of Transportation. — At the 
close of the Revolution there was probably not a road in 
the whole country that was good after heavy rains; but 
at that time was begun the construction of pikes or turn- 
pikes. These roads were covered with broken stone made 

96 



TRANSPORTATION 97 



into a hard waterproof surface. They were constructed 
by private companies and the profit was earned by charg- 
ing a toll of all who used the roads. 

In 1807 Fulton's boat began the steam navigation of 
lakes and rivers. This method of transportation de- 
veloped rapidly and is still much used for carrying 
freight. 

The railroad, a new means of transportation, was intro- 
duced about 1830. Because of its great speed and con- 
venience it crowded out many of the turnpikes and canals. 
The railroad has made it possible for such an immense 
country as the United States to be controlled by one 
government. The trip from New York to San Francisco 
can now be made in the same length of time that was once 
required to go from New York to Boston. 

Within the last twenty-five years there has developed 
a new system of transportation, electric lines which are 
used both in the city and in the country. They are much 
used to connect cities and are constantly extending farther 
into the country where they pass through many little 
towns and communities that were without railroad ad- 
vantages. This rapid communication is doing much to 
unite communities, and to bring all the people into closer 
touch with each other. 

Importance of Country Roads. — No system of travel 
or transportation can ever take the place of the country 
roads. The food supply and the materials for manufacture 
must be brought from the farms, forests, and mines, and 
most of it must be hauled for some distance over the high- 
ways. If these highways, or public roads are poor, only 
small loads can be hauled and many more trips are neces- 
sary; the strain on vehicle and team are much greater, 
and consequently the expense of transportation is largely 
increased. In this way the people of any community with 



98 CIVICS AND CITIZENSHIP 

poor roads must lose much of the profit of their products 
because of the greater cost of hauHng the goods to market. 
Poor roads are expensive. 

Local Management of Roads. — The United States has 
built one wagon road, the National, or Cumberland Road, 
begun in 1807 at Cumberland, Maryland, and extended 
during the following forty years nearly to St. Louis. This 
road was well laid out and well built, and was a great aid 
in the settlement of the West. It was later turned over 
to the control of the states through which it passed. With 
this exception the National Government has taken little 
part in road building, but has left it almost entirely to the 
states and the local governments. Though roads are 
sometimes aided by the state, most of the work of construc- 
tion and maintenance is usually left to the local govern- 
ments. 

Roads of other Nations. — England, Gemiany, Austria, 
Russia, Switzerland, Italy, all build good roads and keep 
them in order, and from two to four times greater loads 
can be hauled at one time than is possible on most Ameri- 
can highways. Largely because of our system of land 
survey, roads go up and down hill or through swamps, but 
in other countries roads are as carefully laid out by skill- 
ful engineers as are the railroads, and are cared for by 
expert roadmasters. 

Improvement in Roadmaking. — The old method of 
working out the road tax is fast disappearing because the 
work was poor, and unsystematically done. Instead, a 
road tax is collected, and the work of improving the roads 
is done by men employed for that purpose, working under 
the charge of an officer. The good roads question 
is receiving much attention in Kansas at present. The 
Legislature of 19 11 passed a number of road laws among 
which it is provided that: 



TRANSPORTATION 99 

1. In each township the trustee, clerk, and treasurer 
shall constitute a board of highway commissioners to have 
charge of repairing and improving roads. 

2. Second and third cl^ss cities shall constitute road 
districts separate from the townships in which they are 
located and shall have power to appoint street commis- 
sioners. 

3. The commissioners of each county may appoint a 
county engineer to have general supervision of the roads 
of the county. 

4. The state engineer must render advice on road 
questions when requested by the county engineers or 
county commissioners. 

Rock roads are being built in many thickly settled 
regions, and throughout the state much work in drainage 
and grading is being done. Besides the public work many 
farmers drag and repair the roads adjacent to their own 
land. 

Transportation by Water. — In the early days of our 
country when the roads were few and poor the waterways 
were used for traffic as much as possible. This practice 
was stimulated by the invention of the steamboat. During 
Jefferson's administration a general system of improved 
waterways, including many canals, was planned. During 
the following quarter century a number of canals were 
built, but after the building of railroads began, no more 
canals were dug, and many of those already in operation 
were abandoned. 

Rivers.— Rivers can be of vast importance both in the 
carrying of goods and as a means of regulating railroad 
traffic. Railroads have the monopoly of transportation, 
and some of them have taken an unfair advantage by 
charging excessive freight rates. For this reason, there 
has been in recent years a revival of interest in our water- 



100 CIVICS AND CITIZENSHIP 

ways. There are in the United States about twenty-five 
thousand miles of water courses that are deep enough and 
wide enough to carry boats, and this mileage can be in- 
creased by dredging and deepening the rivers and building 
connecting canals. 

Canals. — Nearly all of the canals within the country 
have been built by the states. The most important of 
these is the Erie canal, 363 miles long, connecting Lake 
Erie with the Hudson River. This canal was for many 
years a very great factor in freight traffic because it made 
it possible for freight to be carried by water from Lake 
Superior to New York for about one-fourth of what it 
would cost if sent by rail, thus saving a great deal in freight 
expenses. In recent years it has been much neglected, but 
it is now being cleared out and put into condition for use, 
and a plan to widen and deepen it until it will carry ships 
is being discussed as a possibility. 

It is also proposed that the National Government make 
a deep waterway from the Great Lakes to the Gulf of 
Mexico. The route would be from Chicago, down the 
drainage canal and the Illinois and Mississippi rivers. It 
is thought that such a waterway would lower freight rates 
and build up the commerce of the Middle West. 

The Panama Canal is the greatest undertaking of this 
kind ever attempted by the National Government. This 
canal together with the Lakes-to-Gulf waterway would 
open up the Mississippi valley to the com_merce of the 
Pacific. 

Railroads. — The construction of railroads rests almost 
entirely on state authority, because the necessary land 
must be obtained through the state's right of eminent 
domain. Although several transcontinental lines have 
been chartered by Congress, railroads usually receive 
their charters from the states and are constructed by 



i 



TRANSPORTATION 101 



private enterprise; that is, by groups of persons organized 
into companies or corporations for that purpose. The 
enormous amount of business done by railroads makes 
them the most important private interest in the country; 
they affect every community and nearly every person.- 
Although the carrying out of the organization and work 
of these great corporations is done with such ease and skill 
as to be a splendid tribute to the business ability of the 
American people, yet there are a number of irregularities 
in railroad management, the adjustment of which forms 
one of the greatest problems before the American people 
today. 

Some of the Irregularities. — Passenger rates have been 
quite uniform and fairly low, usually about three cents 
a mile, but it has been customary for a large class of 
people who can best afford to pay fares, to ride on passes; 
that is, they are permitted to ride without charge. Sev- 
eral of the middle- west em states, a few years ago, passed 
laws reducing the passenger rate to two cents a mile, and 
abolishing the pass privilege. Kansas secured such rates 
by an order of the State Board of Railroad Commission- 
ers. At the present time many of the states prohibit the 
granting of passes except to railroad employees and other 
specified classes. 

Freight Rates form the greatest problem in connection 
with railroads. Since the railroads are given the right of 
way through the people's land, since they receive their 
charter from the- people's government, and most of all, 
since their business is to serve the pubHc, they should 
treat all alike and charge all persons the same rate for the 
same service. But it is on this point that much diffi- 
culty has arisen. 

The Long-and-Short- Haul Discrimination. — The rebate, 
which has until very recently been a serious discrimination 



102 CIVICS AND CITIZENSHIP 

practiced by railroads, has now been practically abolished, 
but the long-and-short-haul discrimination is a present 
injustice. This came about because of competition be- 
tween the roads to carry the transcontinental exports and 
imports and those between the large interior cities and the 
coasts. To secure this business the railroads make lower 
rates for these long hauls than for shorter hauls on the 
same lines. For instance, the rate on flour from Topeka 
to Los Angeles is 65 cents per hundred pounds, while the 
rate from Topeka to Flagstaff, Arizona, is $1.24 per hun- 
dred pounds, although Flagstaff is on the direct line from 
Topeka to Los Angeles. Such discrimination is a great 
hardship to the shippers in the smaller cities. 

Who May Remedy Conditions. — There are only two 
ways to meet these difficulties, action by the states or by 
Congress. Since the states grant most of the charters they 
may make regulations concerning the speed of trains, the 
character of accommodations, the protection of crossings, 
and rates on business lying entirely within the state. 
About two-thirds of the states, Kansas among the number, 
have Public Utility Commissions to attend to these 
matters. But all matters pertaining to interstate business 
must be regulated by the National Government. 

The Interstate Commerce Law. — The Interstate Com- 
merce Law was passed in 1887 creating a commission to 
do away with injustices in railroad rates. It was found 
that this commission did not have sufficient authority to 
enforce its decisions, so the law was amended in 1903, in 
1906, and again in 19 10, making the Interstate Commerce 
Commission a really efficient body. It consists of seven 
members appointed by the President. Although this 
commission has not succeeded in removing all railroad 
abuses, it has accomplished much by giving publicity to 
railway management and accounts, by requiring that 



TRANSPORTATION 1 03 



printed lists of rates be open to the public, by punishing 
both those who give and those who receive rebates, by 
demanding that all rates be ' ' just and reasonable," and by 
fixing maximum rates. No doubt as time goes on better 
methods will be developed for the regulation of the rail- 
roads. 

Consolidation. — In order to do away with competition 
among themselves, and to reduce the cost of operation, 
there has been a movement toward the consolidation of 
railroads. They have formed a combination of interests 
so that the general policies of all the important railroads 
in the country are dictated by a small group of men. 

Transportation in Cities. — The problems of transpor- 
tation in the cities are quite different from those of the 
country and small towns. 

The Streets. — It has been found necessary to pave the 
streets so that traffic will not be hindered by mud or slush, 
to keep the paving in repair, to build sidewalks, to clean 
the streets, and to provide systems of drainage and light- 
ing. All of these must be provided for by the city and 
are a source of heavy expense under the best of manage- 
ment, but if the city government is careless, or incompe- 
tent, or dishonest, the result may be poor streets, or an 
unnecessarily heavy burden of expense, or both. 

Development of City Transportation. — The eariiest 
method of carrying the passengers in cities, was by stages 
and omnibuses which could carry but few persons and were 
hindered by bad roads. About 1845 the first street rail- 
ways for horse-cars were built, and they continued in 
general use until about 1890. Various kinds of motors 
had been tried unsuccessfully, but at last, by taking electric 
power from a continuous wire, the question was solved and 
the whole system of city transportation was changed. The 
method of feeding the trolley Hnes from wires over-head 



104 CIVICS AND CITIZENSHIP 

soon came into general use, but on account of the many 
accidents in the large cities the wires are now often placed 
in slots below the streets. 

Elevated Lines and Subways. — The convenience of 
travel, together with the increase of population, served to 
make the amount of travel so great that the handling of 
it in large cities became a problem that was first solved 
in New York, by building elevated lines above the streets 
for steam or electric lines. This plan was followed in 
Boston and Chicago. Later New York and Philadelphia 
also established underground lines called subways, which 
are proving a most rapid, convenient and safe method of 
travel. 

Franchises. — If a company wishes to supply a city 
with water, gas, electricity, telegraph, telephone or street- 
car service it is necessary for such company to obtain per- 
mission from the city government to use the streets for 
this purpose. This permission is called a franchise, and 
is granted on two conditions; that the company shall 
render a valuable service to the people, and that the use 
of the streets shall not be unreasonably interfered with. 
It is very important that great care be exercised in the 
granting of franchises so that none of the people's rights 
may be bartered away. 

Transportation Problems. — There are three chief points 
to be considered in the relations between the city and its 
railway companies. 

1. The streets are public property and should be used 
for the good of the-people. 

2. The city should receive payment for any privilege 
granted an individual or a corporation to erect poles, or 
lay pipes or tracks in the streets. 

3. The people should be given good service at reason- 
able rates. 



TRANSPORTATION 105 



These are the rights that belong to the people, but they 
have not always been secured in the past, for franchises 
were frequently granted for long periods of time, usually 
from twenty to forty years, and frequently without any 
arrangement for paying the city for the franchise privilege. 

Two plans have been offered to avoid these evils in the 
future. One is city ownership of street railways, which 
would mean that the city would own and manage them, 
as most cities do their waterworks. The other plan is to 
grant franchises for a short term of years and in such a 
way that the cities can have general control over the 
companies that own the railways, and can have a part of 
the profits paid into the city treasuries. 

One Result of Rapid Transportation. — Formerly the 
population was densely crowded in the central part of 
large cities, but with better means of transportation this 
condition is being improved. People can go back and 
forth so quickly and conveniently now that it is no longer 
necessary for them to live close to their places of work. 
The city is spreading farther and farther out, and more 
and more of the people are living in clean and quiet sub- 
urbs, instead of in the crowded, unhealthful tenement 
districts. Thus, we see that methods of transporation are 
to be considered not only as a convenience for travel, but 
as a factor in promoting public health, and in the pre- 
vention of crime, by permitting people to live in more 
wholesome surroundings. Transportation, like most of 
the problems of government, is interwoven with many 
others. 



QUESTIONS 

1. How did people travel in colonial days? Discuss the roads 
and rates of travel. 

2. How were the colonies affected by these conditions? 



106 CIVICS AND CITIZENSHIP 



3. Name the different means of transportation in the order in 
which they came into use. Discuss each. Have they displaced 
the country roads? Explain. 

4. Why are poor roads expensive? 

5. What is done in regard to roads by the National Govern- 
ment? State government? Local governments? Explain. 

6. Discuss road making in other countries. 

7. Is the method of working out the road tax a good one? Why? 
Is it in general use? Is it used in Kansas? 

8. Is much attention being paid to the condition of our roads 
at the present time? 

9. What is the board of highway commissioners? Who are the 
members of the board in your township? If you live in a city, 
what provision is made for the care of the streets? Who has charge 
of this work? 

10. How does the county engineer get his position? Does your 
county have one? If so, who is he? 

11. Discuss the condition of the roads in your community. 
What work of improvement is being done? 

12. Was water much used as a means of transportation in the 
early days? Explain. 

13. What effect did the railroad have on waterways? Why is 
there a revival of interest in waterways at the present time ? Discuss 
the development of waterway facilities. 

14. From what authority do railroad corporations obtain their 
charters? Are the railroads of interest to many of the people? 
Why? 

15. Discuss passenger rates in Kansas. Are the rates the same 
in all states? 

16. Why should government have any more authority over 
railroad rates than it does over the price charged by a merchant 
for his goods? 

17. Explain the " long-and-short-haul " discrimination. Use 
a map and explain the example given. Do you know of others? 

18. Explain state and national authority over railroads. 

19. How long since the Interstate Commerce Law was passed? 
When amended ? What was the purpose of the amendments? 
What has been accomplished by the Interstate Commerce Com- 
mission? 

What is meant by consoHdation of railroads? 



TRANSPORTATION 107 



21. Discuss development of transportation facilities in cities. 
How long have electric cars been in use? 

22. Tell all you can about elevated lines and subways. 

23. What is a franchise? By whom granted? Discuss the care 
that should be exercised in the granting of franchises. Has this 
always been done? Explain. What plans are now being offered 
to better conditions? 

24. What is the effect of rapid transportation on the conditions 
of life in cities? 

For Supplementary Study. 

Pamphlets from Office of Public Roads, Washington, D. C. 
Pamphlets by State Highway Commissions of Illinois, Missouri, 

Iowa, and Ohio. 
Pamphlets from Kansas Agricultural College. 
''The Art of Road Making," Engineering News Pub. Co., 

New York. 
Dunn, The Community and the Citizen. 
Ashley, American Government. 
Hart, Actual Government. 

Henderson, The Social Spirit in America, 88-100. 
Brigham, Commercial Geography, Chapter XIV. 
Coman, Industrial History of the United States. 



Of all inventions, the alphabet and the print- 
ing press alone excepted, those inventions which 
abridge distance have done most for civilization. 

— Macaulay. 



CHAPTER XII 
ELECTIONS 

Representative Government. — As we have seen, gov- 
ernment in the United States is democratic because the 
people are the source of power, and it is republican because 
they exercise their power through representatives. The 
word representatives as here used does not mean only 
members of Congress, but it means all officers of govern- 
ment. The officials who are elected represent the people 
directly, those who are appointed represent them indirect- 
ly, and none of them are entirely removed from respon- 
sibility to the voters. 

Responsibility of the Citizen. — The whole machinery 
of government is carried on by elected or appointed 
officials, but while representation is a very convenient 
device it cannot remove all of the responsibility from the 
shoulders of the individual. If the citizens elect incom- 
petent or dishonest officials, or fail to inform themselves 
regarding the work done by their officials, or fail to take 
measures to correct wrong conditions, the citizens them- 
selves are to blame for the evils of their government. A 
poor government is a reflection on its citizens. William 
Penn said: '' Governments depend upon men rather than 
men upon governments. Let men be good and the gov- 
ernment cannot be bad; for if it be ill they will cure it. 
But if men be bad, let the government be ever so good, 
they will endeavor to warp and spoil to their turn. I 
know some say, let us hav© good laws and no matter for 
the men who execute them; but let them consider that 
though good laws do well, good men do better, for good 

108 



ELECTIONS 109 



laws may want good men and be abolished by ill men; 
but good men will never want good laws nor suffer ill 
ones." 

Who Are Citizens? — The Constitution of the United 
States answers the question in these words: ''All persons 
bom or naturalized in the United States and subject to 
the jurisdiction thereof are citizens of the United States 
and of the state wherein they reside." Citizenship belongs 
to men, women, and children. Persons bom in this coun- 
try are citizens, and foreigners or aliens may become citi- 
zens by the process of naturalization which will be found 
fully explained in the discussion of the Constitution. 
(Page 209.) 

Immigration. — America with its liberal government, 
cheap land, plentiful work, and good wages, has tempted 
millions of people here from other countries. They have 
come from every country of Europe, and from many other 
lands. The tables below show how the number has 
increased (Juring the last ninety years. Many people are 
much concerned because such a large per cent of the 
immigrants in recent years have come from the southern 
and eastern parts of Europe where conditions are so differ- 
ent from those in the United States. 

IMMIGRATION INTO THE UNITED STATEvS 

1823 6,354 1903 ^57-046 

1830 23,322 1904 812,870 

1840 84,066 1905 1,027,421 

1850 369,986 1906 1,100,735 

i860 150.237 1907 ^'^?5.349 

1870 387.203 1908 782,870 

1880 457.257 1909 751,786 

1890 455.302 1910 ^'o'^o'^r 

1900 448,572 1911 878,587 



110 CIVICS AND CITIZENSHIP 

IMMIGRATION BY COUNTRIES 

Countries 1910 1911 

Austria-Hungary 258,737 I59.057 

Greece 25,888 25,226 

Italy, inc. Sicily and Sardinia 215,537 182,882 

Russian Empire and Finland 186,792 158,721 

France, including Corsica 7.383 8,022 

German Empire 31,283 32,061 

Norway 17.538 I3.950 

England 46,706 52,426 

Ireland 29,855 29,112 

Scotland 20,115 18,796 

Regulation of Immigration. — Because the people were 
needed to develop the country, the Americans encouraged 
immigration until about 1880, when they began to feel 
that some restrictions must be made in order to prevent 
the country from being overrun with the undesirable 
classes of other countries. Regulations have been made 
from time to time until at present admittance is denied 
to Chinese laborers, idiots, paupers, insane persons, crim- 
inals, persons with contagious diseases, or persons under 
contract to work in competition with American labor. 
The privilege of immigration is prohibited the Chinese 
chiefly because they do not become Americanized but 
retain their own customs and interests. 

Foreigners Settle in Groups. — The tendency of for- 
eigners is to settle in groups which are constantly added 
to by new comers from the native land. In many large 
cities there are settlements of different nationalities, as 
Greeks, Jews, Italians, Russians, each living in a quarter 
to itself. Naturally these settlements tend to retain the 
traits of their nationality in their homes, dress, manner of 
living, and ways of thinking. Foreign settlements may 
be found scattered over the whole country, a number of 
them in Kansas, and in many instances they are among the 
most valuable and worthy of our people. In fact, America 



ELECTIONS 111 



has been called "sl nation of foreigners'' because such a 
large per cent of the people are either immigrants them- 
selves or their very late ancestors were immigrants. 

Becoming Americans. — Many of the immigrants be- 
come Americanized rapidly and are proud of their new citi- 
zenship and of their greater freedom in politics, religion, 
and labor. And it is necessary to the welfare of oiir coun- 
try that they do become thoroughly American, not only in 
language and customs, but in mind and heart and spirit. 

The Right to Vote. — • The right to vote, or the right of 
suffrage, is not a right possessed by all citizens, but is a 
privilege granted by government. At first this right 
belonged only to the leaders among the people, those who 
had rank, or wealth, or education. Later the middle class 
of people began to demand and receive political rights, 
then the property qualifications were slowly removed, and 
finally the religious tests disappeared. 

At the close of the Civil War the fifteenth amendment 
was adopted. It reads: *'The right of citizens of the 
United States to vote shall not be denied or abridged by 
the United States, or by any state, on account of race, 
color, or previous condition of servitude." This pro- 
tected the negro against laws which might deny him the 
ballot because of his color. Thus we see that there has 
been a steady growth of the privilege of suffrage. Another 
great body of citizens, the women, are asking and begin- 
ning to receive the right to vote. 

Qualifications of the Voter. — The fifteenth amendment 
is the only restriction on suffrage that is made in the 
National Constitution. The rest is left to the states and 
considering the great opportunity for variation the results 
are remarkably uniform. 

In all the states the age qualification is twenty-one 
years. 



112 CIVICS AND CITIZENSHIP 

In all the states a residence of six months to two years 
is required. In Kansas it is six months in the state, and 
thirty days in the precinct. 

In thirty-five states a voter must be a citizen of the 
United States. In others an ahen may vote. In Kansas 
an aHen who has declared- his intention of becoming a 
citizen may vote. 

In nine states there is an educational qualification. 

In the six states Colorado, Idaho, Utah, Wyoming, 
Washington, and California, women may vote. The ques- 
tion is now (May, 191 2) pending in Kansas, and several 
other states. In a large number of states women may 
vote in school elections, or in city elections, or both. They 
may vote in both in Kansas. 

In all the states certain classes of persons are excluded 
from voting, as idiots, lunatics, paupers, and convicts. 

In forty-one states it is necessary for all voters to regis- 
ter before election day. Other states require certain 
classes to register; in Kansas it is required of voters in 
first and second class cities. This measure does much to 
prevent fraudulent voting. 

Read Article V of the State Constitution, page 164. 

How To Vote. — Each county or city is divided into 
a convenient number of election districts, or election 
"precincts," and each precinct has its own voting place 
and election officers. These officers take charge of the 
voting and the counting of the votes. When a voter 
enters the voting place, or ''the polls, " he is handed a bal- 
lot on which are printed the names of all of the candidates 
of each political party. He goes into a little booth and if 
he wishes to vote a ''straight" ticket he makes a cross 
at the top of the column representing his pohtical party, 
but if not, he makes a cross opposite the names of those 
he wishes to vote for, folds the ballot with the names 



ELECTIONS 113 



inside, and comes out and gives it to an election officer 
who puts it into the ballot-box. This is the Austrahan 
Ballot system and its secrecy prevents much of the bribery 
and intimidation that were practiced under the open 
ballot method of voting. 

The Names on the Ballot. — The duty of every qualified 
voter to cast a ballot, carefully marked, on election day 
is but a small part of his duty. How did all these names 
get on the ballot? What is the relation of the voter to 
these names? 

Political Parties. — The people in every community are 
divided in their opinions on questions of government. 
Those who believe in the same methods and policies, 
belong to the same political party. Each party is organ- 
ized for the purpose of filling the offices from among its 
own members in order that the policies advocated by the 
party may be carried out. There is usually an organiza- 
tion of each party wherever there are offices to be filled; 
in the towns, in the townships, in the city and its wards, 
in the county, the state, and the nation. Each organiza- 
tion of each party has its officers and committees, but all 
the organizations of each party work together. The work 
and management is largely done by the central commit- 
tees, which distribute literature, collect and expend funds 
to carry on the campaign, arrange meetings, provide 
speakers, and keep in touch with the voters. Places on 
the state and national committees are regarded as impor- 
tant and influential. 

Nomination of Candidates. — Most of the comphcated 
machinery of political parties is not a matter of law, but 
of custom that has developed gradually through the years, 
and has become so thoroughly established as to be recog- 
nized as binding. The convention system has, until 
recently, been generally followed. According to this plan 



114 CIVICS AND CITIZENSHIP 

the work begins in each party several months before 
election with the calling by the various committees of a 
caucus in each precinct. A caucus is simply a meeting in 
any particular precinct, of the voters of one political party, 
for the election of delegates to a convention and sometimes 
for the nomination of officers. The voting is not by ballot 
but is viva voce or by counting the voters. At a caucus, 
for instance a township caucus, they nominate officers 
for the township and elect delegates to the next larger 
convention which is the county. At the county convention 
they nominate county officers when necessary, and elect 
delegates to the district and state conventions, and so on, 
up to the national convention which nominates the candi- 
dates for President and Vice-President. In cities a 
similar system of conventions is followed. 

It will be noticed that the only place where the mass of 
people have a direct voice in such a process of nomination 
is in the first meeting, where the first set of delegates is 
elected. After that everything is done by delegates. 

The "Boss" and the "Machine." — Organization and 
leadership are as necessary in a political party as in 
any other large undertaking, and there are many broad- 
minded, public-spirited men in control of party affairs, 
but frequently party leadership falls into the hands of a 
man who is actuated by selfish motives; he manages 
political affairs for the benefit of himself and his followers 
rather than for the best interests of the people. Such a 
man is called a poHtical * 'boss " and the body of men that 
he gathers aroimd him to assist in carrying on the work 
are known as the "machine." The words ''boss," "ma- 
chine," and "machine poHtics," are generally understood 
to refer to political methods that are not of the best. 

The Direct Primary. — The Direct Primary is a system 
of nominating party candidates by direct vote of the 



ELECTIONS 115 



people instead of by conventions. It has been adopted 
by two-thirds of the states. The Kansas Primary Law 
covers all offices except those of President and Vice-Presi- 
dent. All parties must hold their primary election at the 
same time and place, and use the Australian Ballot system. 

Primary Ballots. — At the Primary election each party 
has its own ballots on which are printed the names of all 
candidates of the party. The candidates get their names 
on the ballot through the circulation of petitions which 
must be signed by a certain per cent of the voters. 

Direct Legislation. — The theory of our government is 
that those who are elected or appointed to office will carry 
out the will of the people. Many believe that this is not 
always done; that the law-makers frequently pass laws 
for their own benefit, that they are bribed by corporations 
or money interests to pass laws that are for the benefit of 
the corporations instead of the people, that they fail to 
pass laws that are needed, or that the courts are influenced 
to make certain decisions. Sometimes those who should 
enforce the laws fail to do so, and corporations and in- 
dividuals are permitted to violate or evade the law. These 
conditions have caused many to favor giving the people 
a more direct voice in the affairs of government. With 
this end in view a number of states have adopted the 
Initiative and Referendum. 

The Initiative. — The Initiative has been defined as 
''the giving to the people the right of proposing legislation 
to be acted upon." It varies somewhat in different states, 
but as adopted in Oregon, if eight per cent of the voters 
petition for any measure it must be submitted to the 
people at the next general election, and if approved by a 
majority vote it becomes a law. 

The Referendum. — The Referendum says that no law 
imless of an tu*gent nature, shall go into effect until a 



116 CIVICS AND CITIZENSHIP 

given time, usually ninety days, after the adjournment of 
the legislature. If during this time a part of the voters, 
say ten per cent, petition that this law be referred to the 
people at the next election, it must be done. Then whether 
it shall stand as a law or not is decided by this vote. 

The Recall. — The Recall is another means of giving 
power to the people, providing that if the people do not 
like the actions of any public officer they can, by petition- 
ing for his recall, have a new election held. At this 
election the officer and other candidates are voted upon 
and if the officer is defeated he is said to be *' recalled" 
and the newly elected man takes the office. The petitions 
must usually be signed by fifty per cent of the voters, 
though sometimes the number is as low as twenty-five per 
cent. 

Adoption of These Measures. — At the close of 191 1, 
fifteen states had adopted some form of these measures. 
The following states had adopted state-wide Initiative and 
Referendum amendments: South Dakota, Oregon, Mon- 
tana, Missouri, Maine, New Mexico, and California. The 
Recall, also, had been adopted in California. One or more 
of these measures had been adopted by many cities. 

Arguments. — Those who favor any or all of these 
measures believe that the power of political bosses and 
machines controlled by corporate wealth will be abolished. 
They believe that it will mean government by all the 
people instead of by the few. 

Those who oppose these measures believe that they will 
result in much hasty and unwise legislation, and in the 
frequent recall of officers for performing duties that may 
be tinpopular at the time, but for the good of the whole 
people in the long run. 

Length of Term. — Not all officers are elected at one 
time, for their length of term varies, being usually from 



ELECTIONS 117 



one to four years. This makes elections very frequent. 
All terms are made short, so the people need not be long 
burdened with officers of whom they disapprove, and if 
they are pleased they have the privilege of reelection. 
This frequency of election causes officers to listen more 
carefully to the voice of the people and to strive harder to 
give satisfactory service. But on the other hand, so many 
elections are a source of considerable expense and trouble, 
and the excitement and uncertainty accompanying them, 
especially the national elections, tend to depress and im- 
settle business. For these reasons many people beHeve 
that it would be better to have longer terms of office with 
the privilege of recalHng unsatisfactory officers at any time. 
Appointive Officers. — It would be impossible for the 
voters to give careful attention to the election of people 
to fill all of the offices of the government, so they elect 
only the more important ones, the heads of the different 
departments, leaving the rest to be appointed by these 
elected officials who are responsible not only for their own 
work but for the character and work of their appointees. 
The ' ' Spoils System " and the ' ' Merit System " both enter 
into the appointment of officers. A discussion of them will 
be found on page 238. 

The Short Ballot.— There are many who beHeve that 
such a large number of places are now filled by election 
that it is difficult for the voters to inform themselves as 
to the fitness of so many candidates. They would have 
only a few of the most important officers elected and the 
rest appointed by those who are in a position to know the 
qualifications of the candidates. This plan would leave 
fewer names on the ballot and is therefore known as the 

"short ballot." ^. . 

The Duty of Voters — While the voters do not directly 
make or enforce the laws, yet they do so through the 



118 CIVICS AND CITIZENSHIP 

people whom they elect to represent them, and therefore 
they are responsible for the government. The voters are 
really the great governing body of this country, and if 
they are wise and careful, and select honest and capable 
officers, we shall have good laws, well enforced. But if 
the voters fail to take part in the elections, or do not 
exercise care in the selection of officers, they will have 
what they deserve, a bad government. The voter should 
remember that he is really a public officer, a member of 
the greatest governing body of our country, and that, as 
such, he has certain duties to perform. Let us see what 
some of these duties are: 

1. To make every effort to understand the questions on 
which he votes, and the attitude of the different political 
parties toward these questions. In this way he will know 
why he belongs to any particular party. 

2. To place the good of his country above loyalty to his 
party. That is, if he believes that certain persons or 
measures in the other political parties are better than in 
his own he will not hesitate to vote for them. 

3. To learn all that he can about the character and 
fitness of the candidates for office and then to vote for 
the best. 

4. To neither give nor receive bribes either of money or 
of favors, direct or indirect. 

5; To vote whenever it is his privilege. 

6. To recognize that he must abide by the decision of 
the majority. 

7 . To continue to vote with the minority for a righteous 
cause. 

Defects in Popular Government. — The terms democ- 
racy, popular government, government by the people, 
mean the same thing and simply designate that form of 
government in which the people vote and abide by the 



ELECTIONS 119 



decision of the majority. Like all other human arrange- 
ments popular government has its defects and its dangers. 
Some of these will be mentioned. 

Ignorance. — Ignorance on the part of any considerable 
number of the voters is a serious drawback to good govern- 
ment, because, not understanding the questions that are 
to be voted upon, they are not only apt to make mistakes, 
but they are liable to improper influence. A good public 
school system is, as we have already seen (page 31 ), the 
real remedy for the evil of ignorant voting, but as a further 
check, nine of the states require an educational test for 
voting. 

Indifference. — A lack of attention to poHtical matters 
may arise from different causes: 

Indolence, just plain laziness, causes some people to 
neglect their public duties just as they neglect their own 
affairs. 

Other interests, business or pleasure, are permitted by 
many to crowd out all thoughts of the public welfare. 

The feeling that their votes will make so Httle difference 
anyway, allows some people to remain away from the 
polls. Suppose all voters did that. 

Self-interest.— There are many ways in which people 
may allow self-interest to interfere with their citizenship. 

They may do it by the direct buying or selling of votes. 

If an officer of a city government barters away the city's 
rights in the granting of a franchise because it will increase 
the value of his own property, he is not a good citizen. 

If a congressman votes for a high tariff or a low tariff 
only because it will affect a business in which he is inter- 
ested, he is placing self-interest before the duty that he 
has agreed to perform for the people. 

If a voter casts his ballot for a candidate that he knows 
to be unfit for the place, merely because that candidate 



120 CIVICS AND CITIZENSHIP 



will, if elected, appoint a relative of the voter to some 
office, that voter does not possess a high grade of citizen- 
ship. 

Conditions Are Improving. — Conditions in our country 
are steadily growing better. Sometimes, when we see 
people casting their votes without understanding the 
questions to be decided, and others selfishly working for 
their own interests against the public welfare, and some 
not voting at all; when we hear of officers being bribed, 
and courts being influenced, we are inclined to doubt 
that conditions are improving. But we must remember 
that with better means of communication people are kept 
better informed regarding the happenings of the world 
than they used to be. It is not that there is more of evil 
now, but that we hear more about it. People are taking a 
greater interest in public affairs and are discovering more 
of the wrongdoing than formerly. They are realizing 
more and more fully that the quality of the government 
depends upon the quality of the citizens, and that the gov- 
ernment can be made better only by making the people 
better. To this end work is constantly being done to im- 
prove all of the conditions that have to do with the mak- 
ing of citizens, and we have only to recall some of the chief 
lines of progress that have been made since the establish- 
ment of our National Government, to realize that we are 
steadily going forward. Progress in education, in the 
treatment of criminals, in the care of delinquent children, 
in matters of pubHc health, in the extension of the right 
of suffrage, in the power of the people, has been very 
great, but the end is not yet. We are advancing, but 
how fast and how far we can go depends upon ourselves. 

The Good Citizen. — To be a good citizen one must have 
a knowledge of the conditions and needs of his country. 
Such knowledge may be gained in several ways; by read- 



ELECTIONS 121 



ing, by observation of the conditions about him, and by 
much thought. 

But it is not enough to know what ought to be done; 
the good citizen must help to do it. No matter how 
much anyone may know about questions of govern- 
ment, if the knowledge is not put into practice it is 
useless. 

Patriotism. — Patriotism means love of country. To 
be patriotic, one must fight for his country, but that does 
not mean to fight only a foreign enemy with weapons. It 
means to fight everything that is a hindrance to good 
government; greed, graft, ignorance, and wastefulness. 
It means to realize that the good of the many is greater 
than the good of the one. It means unselfish service. 



QUESTIONS 

1. What is a democracy? A republic? Explain the use of the 
word representative, in relation to our government. When the 
people elect their officials does their responsibility cease? Explain. 
What did William Penn say of the relation between men and 
government? 

2. How does the Constitution define the word citizen? Are 
you a citizen? Why? 

3. Give the meaning of immigration and emigration. Tell some- 
thing of immigration to America. Discuss regulation of immigration. 

4. Are there any groups of immigrants near your community? 
Are they becoming Americanized? What does the school have to 
do with the making of Americans? 

5. What is the right of suffrage? How obtained? Give an 
account of the extension of suffrage since colonial days. 

6. What authority defines the qualifications of voters? Discuss 
qualifications of voters in regard to age, residence, citizenship, 
education, sex. What are the voting privileges of women in Kansas? 
What is meant by the registration of voters? Is it required in 
Kansas? 

7. Explain the process of voting. 



122 CIVICS AND CITIZENSHIP 

8. Why do the people divide into various political parties? 
Name all the political parties you can. Why do the parties appoint 
committees? 

9. How are candidates nominated under the primary system? 
The convention system? Which plan is now used in Kansas? 

10. What is a political "boss?" A political "machine?" Why 
are these terms often used in a bad sense? Whose fault is it if 
unscrupulous men control party affairs? 

11. Do the people act directly or indirectly in making laws 
through their representatives? What is meant by direct legislation? 
What are the reasons urged in favor of direct legislation? 

12. Name the two measures for direct legislation. Explain 
each . Explain the ' ' Recall. ' * 

13. Have any of these measures been adopted in Kansas? 
Where have they been adopted? What are some of the arguments 
for each of these measures? Against them? 

14. For how long a term is the President elected? The Governor 
of Kansas? Most of your county officers? Are these long terms? 
What good argument against long terms? Against short terms? 
What suggestion has been offered to meet this difficulty? Name 
an officer who is elected. One who is appointed. Explain the 
"short ballot." 

15. Explain how every voter is a public officer. What are the 
duties of the voter? Discuss each. Who suffers for it if the govern- 
ment is bad? 

16. What are three great defects of popular government? 
Discuss each. Illustrate each. 

17. Are political conditions in our country growing better or 
worse? Why do you think so? Name some conditions that are 
wrong. Conditions that are growing better. 

18. On what does the quality of government depend? How can 
it be made better? Give some of the work of government that has 
progressed since our government was established. What are some 
of the improvements yet to be made? 

19. What are the qualities of a good citizen? Discuss the mean- 
ing of patriotism. Show how a pupil in school may be patriotic. 
Show how each of the following may be patriotic; a business man, 
a farmer, a juryman, a member of a school board, a lawyer, a 
teacher. 

20. Who was William McKinley? Read and discuss the quota- 
tion from him. 



ELECTIONS 123 



For Supplementary Study. 

Secure ballots from the office of County Clerk. 

The World Almanac, The Press Pub. Co., New York. 

Dunn, The Community and the Citizen, 34-40, 1 61-188. 

Forman, Advanced Civics, 3-21, 95-109, 225-231, 344-349. 

Boynton and Bates, School Civics 309-325, Supplement 13-19. 

Ashley, American Government, 15-38. 

James and Sanford, Government in State and Nation, 48-60. 

Bryce, The American Commonwealth, 387-396, 455-530. 

Hart, Actual Government, 65-109. 

Prescott Hall, Immigration. 



/ cannot too earnestly invite you to the closest 
personal attention to party and political caucuses 
and the primary meetings of your respective 
parties. They constitute that which goes to make 
tip at last the popular will. They lie at the basis 
of all true reform. It will not do to hold yourself 
aloof from politics and parties. If the party is 
wrong, make it better; that's the business of the true 
partisan and good citizen. — ^William McKinley. 



CHAPTER XIII 
TAXATION 

The Cost of Government. — A vast amount of money 
is required to support the entire government; a billion 
dollars a year for the local governments, a fifth of a 
billion for all the state governments, and four-fifths of 
a billion for the National Government; a total of two 
billion dollars a year. This money is used for a multi- 
tude of purposes; for the payment of the thousands of 
public officials; for the erecting and maintaining of such 
buildings as postoffices, courthouses, city buildings, and 
capitols for the transaction of public business; for carry- 
ing out the work of education, health, charity, punish- 
ment, and protection of individuals; for public improve- 
ments; for armies and navies; and for the many other 
services of government. It will be noticed that the cost 
of local government is as much as that of state and 
National Government together, but it will also be recalled 
that much of the work of government is done by the 
localities. City government is especially expensive. The 
least costly form of government is the state, because its 
functions do not require heavy expenditures for improve- 
ments. Its chief expense is usually for the payment of 
the public officials, for the care of unfortunates, and for 
educational purposes. The work of the National Govern- 
ment will be studied later. 

Taxation. — Taxation is the raising of money for the 
support of government. In other words, the amount of 
taxes is the sum the people pay for the ^protection and 
privileges of government. Through their use of the 

124 



TAXATION 125 



roads, streets, parks, schools, public libraries, postal 
system, and fire departments, for the protection of their 
rights, property, and lives, they are receiving value for 
the taxes they pay. They owe the government for these 
services and the debt is as just and honorable as any other 
debt, and should be paid as promptly and willingly. 

Attitude of the People Toward Taxation. — The people 
have never paid their taxes cheerfully. Although the 
benefits they receive from their taxes are much greater 
in proportion than the value they receive for money 
spent in any other way, yet many feel that taxation is 
taking from them something that is their own. But 
while some of this feeling exists among the people of 
today, they bear with comparative cheerfulness, a system 
of taxation that is many times heavier than that imposed 
upon the colonists by England, and which caused them 
to rebel, and finally to declare their independence. But 
the difference is, that the people now levy their own 
taxes, and spend the money themselves. It is for their 
own benefit, and they tax themselves liberally, even if 
not always cheerfully. 

Kinds of Taxes. — Taxes are direct and indirect. The 
national income arises from indirect taxation, which will 
be studied in connection with the National Government. 
State and local taxation is direct; that is, it is apportioned 
directly to the taxpayer. Direct taxes are of several 
kinds. 

Property Tax. — Property, both real and personal, is 
universally taxed. About three-fourths of all the revenue 
of the state and local governments is raised by the prop- 
erty tax. 

Inheritance Ta:*;.— This tax is levied upon property 
that is inherited. The idea is that those who acquire 
wealth which they have not. earned are able to pay a 



126 CIVICS AND CITIZENSHIP 

per cent of it as taxes. About three-fourths of the states, 
including Kansas, have some form of this tax. The law 
varies widely in different states, but in most of them 
small legacies are not taxed, and close relatives are not 
required to pay so much as are more distant ones. In 
most states the rate of tax is increased with the amount 
of the legacy. 

Corporation Tax. — The great increase in corporate 
wealth in recent years has made it necessary to formulate 
a tax to reach as much as possible of this property. Such 
corporations are railway, telegraph, telephone, and 
express companies. The tax is levied sometimes on the 
income and sometimes on the capital stock of the corpo- 
ration. 

Franchise Tax. — If a company has been granted a 
franchise to run a trolley line on a certain street, the 
privilege is valuable. For this reason franchises are 
usually taxable. Many of the companies are required 
to pay into the city treasury, a certain per cent of their 
total receipts. 

Poll Tax. — This is an amount, usually from one to 
four dollars, levied on persons without reference to prop- 
erty. 

Licenses. — People who are engaged in certain kinds of 
business must pay a sum of money for the privilege. This 
tax is usually levied by local governments and is not 
uniform. It is usually placed on such business as that of 
saloons, theaters, peddlers, and pawnbrokers. 

Fees. — Fees are charged for certain kinds of public 
service, as recording deeds, and issuing marriage licenses. 
Much of the work of sheriffs and probate judges is paid 
by fees. 

Everybody Pays Taxes. — It may seem at first thought 
that only property owners pay taxes, but indirectly 



TAXATION 127 



everybody is a taxpayer. Since a merchant must pay 
taxes on his stock of goods he adds this amount to the 
price, so every one that buys pays a portion of the tax 
on his goods. One who rents a building must pay not 
only enough to give the owner a reasonable profit, but 
enough more to cover the cost of his taxes. Similarly 
the rent paid for a farm includes both profit and taxes 
for the owner. In this way, everyone is indirectly affected 
by taxation, but those who pay any of the regular forms 
of taxes are taxed both directly and indirectly. 

Problems of Taxation. — ^The tax question is one of 
the most difficult that government has to deal with, and 
resolves itself into three general parts. 

1. To find the taxable property. — Real estate can 
hardly fail to be listed, and furniture, books, stocks of 
goods, implements, and livestock, are not very difficult 
to find, but such things as notes, mortgages, stocks and 
bonds, and shares in corporations, are very hard to find 
and probably a large part of them are never taxed. 
Since this kind of property is generally owned by the 
wealthier class of people who could best afford to pay 
their full share of taxes, it is especially unjust that so 
much of it should escape taxation and every effort is being 
made to find means of remedying this evil. 

2. To state the value of property when discovered is a 
matter calling for good judgment and honesty. Ex- 
perience and a wide knowledge of property values are 
essential to good assessors, but assessors are too often 
elected for short terms with Httle attention to their 
especial fitness for the place. 

3. To collect taxes. — The collection of taxes on personal 
property is somewhat uncertain, because such property 
may change hands or be taken out of the state before 
the tax is collected. On real estate, however, the collec- 



128 CIVICS AND CITIZENSHIP 

tion is certain, because all taxes not paid before a specified 
date become delinquent and the property may be seized 
and sold. After the taxes and costs have been paid the 
remainder, if any, is returned to the owner. 

Collection. — The amount of annual tax paid by a 
property owner includes his share of state tax and all 
local taxes. In Kansas it is paid to the county treasurer, 
who distributes it to the state and the different local 
governments. Any person may pay half of his taxes on, 
or before, the twentieth day of December, and the 
second half by the twentieth of June. If the whole 
amount be paid in December, a rebate will be given, but 
if none of it be paid in December, a penalty of 5 per cent 
will be added to the amount due, and if not paid in 
June, a second penalty of 5 per cent will be added. It 
now becomes a delinquent tax and if it remains unpaid 
the property is advertised in August and sold on the first 
Tuesday of September. After three years, if the property 
has not been redeemed by the payment of all taxes and 
costs, a tax title will be delivered to the purchaser. 

Equalization. — It is difficult to secure uniform assess- 
ment of property, because the judgment of the different 
assessors varies. In order to remedy this as far as possi- 
ble a system of equalization of taxation has been es- 
tablished. In Kansas this is secured in the following 
manner: The county assessor appoints two persons, not 
of the same political party, who together with the deputy 
assessor, form a hoard of review, for each township or 
assessment district. This board meets on May 15, for 
the purpose of equalizing the assessments of real estate 
in that township or district. Anyone who feels that he 
has been unjustly assessed, may appear before the board 
of review, and present his grievance. 

Then on the first Monday in June, the county com- 



TAXATION 129 



missioners meet as a hoard of equalization for the county. 
They decide any appeals that have been made from the 
board of review, they equahze all personal property 
assessments, and they make adjustments between the 
townships. If a whole township seems to have been 
assessed higher than the others, the board of equaliza- 
tion will lower the assessment, or if it is too low they 
will raise it. 

On the second Wednesday of July, the State Tax Com- 
mission meets as a board of equalization for the State. It 
equalizes taxation between the cotmties, raising or lower- 
ing their assessed valuation, as it deems necessary. In- 
dividuals may, if they desire, appeal their grievances 
from the county board to the state board of equalization. 

Exemptions. — Certain kinds of property against which 
no tax is levied, are said to be exempt. School and church 
property, the property of colleges, charitable institutions, 
public buildings such as courthouses and capitol build- 
ings, and other property that is used for the public benefit 
instead of for profit, are exempt from taxation. 

In our state, householders, that is, people with families, 
whose assessed valuation is below two himdred dollars, 
are not required to pay taxes. 

Read Article XI, Section i, of the State Constitution, 
page 169. 

Use of Public Funds. — Revenue is absolutely essential 
to maintain government and the more generous the 
taxation, if wisely expended, the more public benefits will 
the people enjoy. But we must not forget the quahfy- 
ing clause, *'if wisely expended." Every officer who 
has anything to do with public money should see that 
it is used as carefully and honestly as though it were 
his own. The pubhc money is not a ''magic fund," it 
is merely a share of the people's hard-earned money and 



130 CIVICS AND CITIZENSHIP 

it should be so handled as to bring the greatest amount 
of good to all the citizens. 

The Duty of the Citizen. — The duty of the citizen in 
regard to taxation is threefold: 

1. To scrutinize carefully the use of the public funds. — 
Even with the most careful use of the public money the 
demands of taxation are heavy. It has been estimated 
that the taxes of the United States amount to one-twelfth 
of the combined earnings of every man, woman, and child 
in the United States, or all of the earnings for one month 
of each year. This makes it all the more evident that 
every dollar should be carefully and wisely expended, and 
it is the duty of the citizens to see that careful and accu- 
rate accounts are kept of all public funds. 

2. To pay his own taxes promptly and honestly. — There 
are people who feel that they are justified in evading 
their taxes as far as possible. They do not look upon it 
as particularly dishonest. But whenever anyone fails to 
pay his just share of taxes, he is defrauding the people 
of the community, for a certain amount of money must 
be raised, and if one person evades the payment of his 
share, then others must pay that much more. Evasion 
of taxes is simply a form of dishonesty. 

3. To assist public opinion in evolving just and efficient 
tax measures. — Our system of taxation is the best that 
people have as yet been able to devise, but it is still far 
from perfect and can be improved only by the efforts 
of intelligent and thoughtful people. The working out 
of a good tax system is one of the big problems of govern- 
ment. 

Read Article XI, sections 1—4 of the State Constitu- 
tion, pages 169, 170. 



Ti^XATION 131 



QUESTIONS 

1. Tell something of the cost of government. Which division 
of government is the least expensive? The most expensive? 

2. Name as many as possible of the purposes for which public 
money is expended in your community. Which is the more expen- 
sive, rural or city communities? Explain. 

3. What is taxation? What do we receive for the money that 
we pay for taxes? Illustrate. 

4. Discuss the public attitude toward taxation. Discuss the 
attitude of the colonists toward taxation. What did they mean 
by saying "No taxation without representation? " 

5. Are state taxes direct or indirect? Name the kinds of direct 
tax and discuss each. How many of them are levied in your com- 
munity? 

6. Explain how everyone is taxed indirectly. Give illustrations. 

7. What are the chief difficulties to be met in taxation? Is 
real or personal property more difficult of assessment? Why? 

8. Is the assessor an important officer? Why? What qualifica- 
tions should he possess? 

9. Are there any difficulties connected with the collecting of 
taxes? When are taxes due in our state? What will be the result 
if a person fails to pay his taxes? What is a delinquent tax? What 
is a tax title? 

10. What is meant by equalization of taxes? If a man believes 
his taxes to be too high, what can he do about it? If the assessor 
in one township assesses property much higher than the assessor 
does in another township, what is the remedy? What would be 
done if your county should be assessed higher than the rest of the 
state? 

11. Is there any property in the state that is not assessed? 
Explain. 

12. Discuss the use of public funds. 

13. What are the duties of the citizen in regard to taxation? 
Discuss each. 

14. Could your school district vote a tax to purchase a library 
and afterwards use the money to buy coal? Why? 

15. Who was John Stuart Mill? What is said of taxation in the 
quotation from him? 



132 CIVICS AND CITIZENSHIP 

For Supplementary Study. 

Obtain a list of tax levies of the County Assessor. 

Dunn, The Community and the Citizen, 98-103, 228-238. 

James and Sanford, Government in State and Nation, 60-69. 

Ashley, American Government, 143-154. 

Hart, Actual Government, 381-404. 

Bryce, The American Commonwealth, 356-366. 

Forman, Advanced Civics, Chapter XXXV-XXXIX ' 

Fiske, Civil Government, Chapter I. 



For what reason ought equality to be the rule in 
matters of taxation? For the reason that it ought 
to be so in all the afairs of government. A govern- 
ment ought to make no distinction of persons or 
classes in the strength of their claim on it. If any 
one bears less than his fair share of the burdens, 
some other person must su^er more than his share. 
Equality in taxation, therefore, as a maxim of 
politics, means equality of sacrifice. It means the 
apportioning of the contribution of each person to- 
ward the expenses of government, so that he shall feel 
neither more nor less inconvenience from his share 
of the payment than every other person experiences 
from ^^^.-— John Stuart Mill. 



CHAPTER XIV 
LOCAL GOVERNMENT 

Local Goveniment. — The township, the county, and 
the city are the three forms of local government. They 
are called local because they administer the affairs of 
particular localities. They are but parts of the system of 
state government and exist for the purpose of carrying 
out state laws. Local governm.ents are but little con- 
cerned with political questions, but are occupied with a 
multitude of details in connection with the health and 
education of the people, the punishing of law breakers, 
the building of roads and bridges, the keeping of records 
of public business, and other matters that are of impor- 
tance in each particular community. 

Local Government in the Colonies. — The colonists 
who settled in different parts of the new country, found 
varying conditions, and naturally each group adopted a 
system of government that most nearly fitted its needs. 
The same condition has followed in the settlement of the 
whole country, so there is considerable diversity in the 
forms of local government. It has been said that in 
New England, political life centered around the chiu-ch, 
in the South around the courthouse, and in the West 
around the schoolhouse. 

The Township System. — The land in New England 
was rough and broken, so the farms were small and the 
people of each community lived in a village or town inclosed 
with stockades for protection from the Indians. This 
also gave them better religious advantages, for each town 
built a church in its center. The people of each commu- 

183 



134 CIVICS AND CITIZENSHIP 

nity governed themselves by meeting in the church for 
the transaction of business. Thus the unit of government 
was the town, or township a.s it is often called, since it 
included the surrounding farms. The same plan is used 
there today, except that the town hall is used for the 
meetings which occur but once a year, when officers called 
selectmen are elected to carry out the measures passed 
at the town meeting. Because the people take an active 
part in their government, the township system of New 
England is an excellent training school for citizenship. 
The system has not, however, been fully adopted by any 
other section of the country. 

The County System. — The people in the Southern colo- 
nies lived on large plantations. For this reason the popu- 
lation was so scattered that the township system could not 
be used, so following the plan of Virginia, they adopted 
the county form of government with the county court as 
the center of authority. The county as a division of gov- 
ernment has come to be very widely established; every 
state, except Louisiana where they are called parishes, is 
now divided into counties, although they are of little im- 
portance in the New England states. In the states of the 
South and the far West the county is the governing unit. 

The Township-County System. — The states between 
New England and Virginia adopted a mixed system 
in which there was both the township and the county 
organization. This plan has spread westward over 
the northern half of the Mississippi Valley and into the 
Northwest. Generally speaking, in these states the 
county is less important than in the South and the town- 
ship less important than in New England. The system 
varies somewhat, but one of its simplest forms is the 
Pennsylvania plan that has been adopted by a number 
of states, among them Kansas. 



LOCAL GOVERNMENT 135 



Local Government in Kansas.— The state is divided 
into 105 counties which are composed of varying numbers 
of townships. 

Read Article IX of the State Constitution, page 168. 

The County. — The County, in this state, is far more 
important than the township. It carries out in detail the 
work of the State and has a very complete organization. 
In each county there is a courthouse, located in a city 
called the county seat. In this courthouse are the offices 
of the county officials whose titles and duties are as 
follows : 

The Board of County Commissioners is composed of 
three members elected for a term of four years, one at 
one biennial election, and two at the next one. Their 
chief duties are: to fix the rate of the county tax; to 
open and repair roads and build bridges; to build and 
repair county buildings, as courthouses, jails, and poor- 
houses; to appropriate money for county expenses; to 
represent the county in suits at law. 

The County Clerk. — It is the duty of this officer to 
keep complete records of the papers and proceedings of 
the County Commissioners; to keep financial accounts 
with county, township, and school district officers; to 
make out the tax roll; and in general to keep a record 
of county business. 

County Assessor. — In counties having a population 
of less than 10,000 the county clerk acts as county asses- 
sor, but in counties of more than 10,000 inhabitants a 
special assessor is elected. He has general charge of the 
assessment of taxes in his county. 

The County Treasurer collects and pays out all county 
moneys and publishes quarterly statements of the work. 

The County Attorney represents the people in the 
courts of his county, advises county officers at their 



136 CIVICS AND CITIZENSHIP 

request, and has general control of the legal affairs of 
the county. 

The Register of Deeds records in books entrusted to 
his care, all deeds, mortgages, maps, and writings filed 
with him for record. 

The County Superintendent of Schools. — The duties 
of this officer were given on page 26. 

The Probate Judge has jurisdiction over the estates 
of deceased persons, minors, and persons of unsound 
mind. He is also the judge of the Juvenile Court. 

The Clerk of the Court keeps a record of papers and 
business in connection with the district court. 

The Sherijf serves and executes all writs and orders 
regarding attendance at court and the preservation of 
the peace, and has charge of the jail and the prisoners 
confined in it. 

The County Surveyor surveys lands when required 
and keeps complete records of his work. 

The Coroner holds inquests upon the bodies of persons 
who are supposed to have died by unlawful means or 
the cause of whose death is unknown. 

The Health Officer carries out the regulations of the 
State Board of Health. 

All of these except the Health Officer who is appointed 
by the Commissioners, are elected by the people for a 
term of two years. They all take office on the first Mon- 
day of January following election, except the County 
Superintendent whose term begins on the second Monday 
of May, and the County Treasurer who takes his office 
on the second Tuesday of October, following election. 

The Township is made necessary by the many needs 
of each neighborhood that can be best attended to by 
those directly interested. The township government 
makes it unnecessary to travel long distances to the 



LOCAL GOVERNMENT 137 

county seat to see about a washout in the road or to 
complain against parties for disturbing the peace. 

The officers are two justices of the peace, two constables, 
a trustee, clerk, treasurer, and road overseers. The 
trustee, clerk, and treasurer constitute a board of highway 
commissioners which appoints a sufficient number of road 
overseers and has charge of the roads of the township. 

Read Article IV of the State Constitution, page 164. 

Civil and Congressional Townships. — ^The form of 
township just studied is a division of government, and 
is known as a civil township. Its boundaries are fixed 
by the County Commissioners. The congressional 
township is a tract of land six miles square according to 
government survey (page 80) , and has no political power 
whatever. Frequently, but not necessarily, civil town- 
ship boundaries coincide with ■ those of congressional 
tov\^nships. 

The School District. — In many states the schools are 
managed by the townships, and in others by the counties, 
but in Kansas the counties are divided into districts, 
each of which elects a board of three members to manage 
its school. (Page 26.) 

Importance of Local Govenunent. — It is the com- 
munities that have charge of the everyday affairs of 
government that affect us in so many ways. The quality 
of our local government is reflected in such matters as 
the condition of the roads, streets, and schools, the peace 
and order of the community, and the use of the public 
funds. The affairs of county, township, and district 
cost a great deal more than those of the State. Since 
local government is of so much consequence, and since 
it is near at hand where it can be carefully scrutinized 
and remedies quickly applied, every individual can best 
serve his own interests and the interests of his fellow 



138 CIVICS AND CITIZENSHIP 

citizens by taking an active and intelligent part in its 
affairs. 

Municipal Government. — Municipal government is 
that form of local government that is exercised in a town 
or city. The governments of counties and townships are 
administered with especial reference to the needs of rural 
communities, but when a large number of people live 
close together, it is plain that such a community has 
special needs, such as, paved streets, sidewalks, street 
lights, waterworks, sewers, and fire departments, and must 
have a government to supply these needs. The states 
provide for such communities by giving them the privi- 
lege of municipal corporation. 

Municipal Government in Kansas. — As we have seen, 
in New England the word town is used the same as town- 
ship, but in Kansas it is applied in a general way to either 
a village or a city. A village is an unincorporated group 
or settlement. There are no town or village governments 
in Kansas, but all municipal communities are cities of the 
first, second, or third class. Whenever a village reaches 
a population of two hundred, it may become incorporated 
as a third class city, by presenting to the board of county 
commissioners a petition signed by a majority of the 
electors, and stating the number of inhabitants. This 
number must be between two hundred and two thousand. 
If the commissioners are convinced that a majority of 
the tax-payers desire such incorporation, they will de- 
clare it a city of the third class and order an election of 
officers. 

Whenever a city shall attain a population of two thou- 
sand and not more than fifteen thousand inhabitants, 
it may become a city of the second class by certifying 
its population to the Governor, who will issue a proclama- 
tion declaring it to be a city of the second class. It will 



LOCAL GOVERNMENT 139 



then form its government according to the law laid down 
for all second class cities in the state. 

In like manner a city may become one of the first class 
by certifying to the Governor that its population exceeds 
fifteen thousand. 

Form of City Government. — City governments differ 
so much and change so often that a description of one is 
difficult, but the general outline of their organization is 
as follows: 

Mayor. — A mayor stands at the head of the system. 
The scope of his authority varies considerably; it may be 
much or little. Sometimes he has a veto over ordinances 
passed by the council, he appoints and removes the heads 
of departments, and is clothed with authority to carry 
out his policies, and sometimes he has only part or none 
of these powers. The position of mayor is of immense 
importance in some of the big cities; interest in the 
election of the mayor of New York City is often second 
only to that of the President of the United States. 

The City Council. — The city council is the law making 
department of city government, and is, in some large 
cities composed of two branches, aldermen and council- 
men, elected from the different wards. Many American 
cities now have councils of one house. City laws are called 
ordinances. 

Departments. — Departments are established for the 
different classes of city work. Each department has a 
head and many assistants and employees, the number 
increasing with the size of the city, sometimes reaching 
into the thousands. A few of these departments are 
Finance, Health, Fire, Streets, Parks, PoHce, and Edu- 
cation. The Department of Education is generally com- 
mitted to a separate board the members of which are 
elected for that particular purpose. 



140 CIVICS AND CITIZENSHIP 

Courts. — Every city has a system of courts. They are 
generally of two kinds ; state courts which are a part of the 
state judiciary acting within the city, and city or police 
courts. The police courts try offenses against the city or- 
dinances, and other courts try offenses against state laws. 

Government of Small Cities. — Large cities differ widely 
in the matter of organization but the form for smaller 
ones is much the same in all the states. Most of the 
officers are elected by the voters of the town. In Kansas 
this includes both men and women. The governing body 
consists of a mayor, three or more councilmen, a clerk, a 
treasurer, a marshal, a street commissioner, and such 
other officers as may be deemed necessary. 

Growth of Ci' . — At the time of the adoption of the 
Constitution only one-thirtieth of all the people lived in 
cities; at present nearly half of them live in cities of more 
than 2,500 population and probably nearly two-thirds 
live in cities and villages. There are at present, in the 
United States about 1,200 cities with a population of 
5,000 or more; 50 of these having a population of more 
than 1 00,000. This crowding of people into the cities is the 
result of changed industrial conditions; the immense 
increase in the use of machinery and the growth of the 
factory system. Improved methods of transportation 
have developed great cities as commercial centers. This 
astonishing rate of growth has brought with it many 
problems deserving the most careful and thoughtful con- 
sideration. 

Some of the Problems of the City. — As a city grows 
larger and its population more dense, the more difficult 
becomes the task of governing it. 

Preservation of Order. — In the city are to be found so 
many of the conditions that tend to develop crime that 
the problem of preserving order is a serious one. This 



LOCAL GOVERNMENT 141 



has led to the establishment, in every large city and in 
many of the smaller ones, of a force of policemen who 
patrol the city night and day. 

Public Utilities. — This term means such public con- 
veniences as water, gas, electricity, transportation and 
telephone service. Usually most of these things are 
suppHed by private corporations which have received 
their franchises from the city government. The protec- 
tion of the rights of the people in the granting of franchises 
and in the quality of service rendered by these utility 
corporations is one of the greatest problems confronting 
city government. 

Municipal Ownership. — In a great many places the 
water supply is furnished by the city and some cities own 
their Hghting plants; in several cities of Kansas the gas 
and electric plants are owned by the municipality. The 
question of just how far municipal ownership should ex- 
tend is one on which there are wide differences of opinion. 

Fixing Responsibility. — City government is chiefly 
concerned with a mass of details so distributed among the 
numerous officials as to make it difficult for the voters, 
to hold any officer responsible for any particular condition.. 

Raising and Expending Money. — The cost of governing 
a city is greater in proportion to the population than that 
of any other form of government. The revenues and 
expenditures of many cities are greater than those of 
the states in which they are situated. Because city 
government expends money in such a variety of ways, and 
because of the difficulty in fixing responsibility, many of 
the citizens do not watch carefully the uses to which the 
money is put. This makes difficult the raising and ex- 
pending of such immense sums of money without fraud. 

Progress in City Government. — It has been only within 
the last forty years that the American people have given 



142 CIVICS AND CITIZENSHIP 

much attention to their city governments, but the re- 
rriarkable growth of city population made this question 
more and more complex until the people finally awoke to 
its importance. Much interest has been aroused in 
municipal affairs in recent years; a large number of the 
city charters have been changed and so many lines of 
authority have been widened that it would be a task 
simply to name the things that it is now the business of a 
city government to attend to. The fact that city affairs 
should be managed on business principles rather than 
according to political policies is being generally recognized. 
Many city employees now obtain their positions through 
civil service examinations instead of receiving them as 
political favors. Efforts are being made to find better 
methods of organization of city government. 

Commission Government of Cities. — The Commission 
Form of city government was first devised for Galveston, 
Texas, in 1901, and has been spreading rapidly over the 
country since that time. It is more simple than the 
ordinary plan of organization. It does away with much 
of the machinery of city government by substituting a 
commission of three to five members for the usual mayor 
and council. These commissioners make and enforce 
the laws and transact all city business. They are elected 
by the city without regard to ward lines. They choose 
one of their number as mayor, who, aside from his 
duties as presiding officer, usually has little more author- 
ity than the rest of the commissioners. These are 
some of the advantages claimed for the commission 
system : 

Under the old system so many officers are elected that 
it is difficult for any voter to be informed in regard to 
them. By the new plan there are but three to five which 
makes a *'skort ballot." , y. , ; - ; 



LOCAL GOVERNMENT^ 143 



The old plan gives rise to much ward politics; under 
this plan every one votes for each commissioner. 

The departments of the city work are divided among the 
commissioners so that each one has certain responsibilities 
fixed upon him. Of course there are assistants and em- 
ployees in each department as under the old system, but 
the commissioners are responsible for their work. 

In many cities the elections are not conducted along 
political party lines, and appointments are made under 
the system of civil service examinations. 

Business can be transacted much more quickly than 
under the old plan because matters can be attended to 
directly instead of waiting for council meetings. 

The commission form of government has been adopted 
by thirty- two cities of Kansas (May, 19 12).. The law of 
this state provides that it may be adopted by first and 
second class cities only. 

In Kansas, first class cities have five commissioners, 
and second class cities have three; in first class cities they 
are elected for two years and in second class cities for 
three years, one being chosen each year; first class cities 
have the Initiative, Referendum, Recall, Civil Service 
Commission, and non-partisan nominations ; second class 
cities the first two, and the last if over 10,000 population. 

The Real Remedy for Bad Government. — It is to be 
hoped that this change in the management of city affairs 
will be productive of great good, that it is another step 
in advancement toward the goal of perfect self-govern- 
ment of the people, but in the city as everywhere else the 
remedy for bad government is honest, vigorous, citizen- 
ship. ''Neither this nor any other form of organization 
for cities will solve all of the problems that arise in con- 
nection with municipal government. It does not supply 
intelligence to voters, nor wisdom to officials. It does 



144 CIVICS AND CITIZENSHIP 

not eliminate danger of misgovemment, nor insure 
against extravagance. The system is only half the solu- 
tion; the people, voters and officials, are the other half.'* 

QUESTIONS 

1. Explain why the three divisions of government, national, 
state, and local, are necessary. 

2. Name the divisions of local government. Explain the pur- 
pose of local government. What is the relation between local and 
state government? 

3. Is local government the same in all parts of the United States? 

4. Where did the township system develop? Why? Explain 
township government. What things can be said in its favor? 

5. Where did the county system develop? Why? Where are 
each of the systems now used? 

6. Explain the township-county system. Where is it used? Why? 

7. Which system is used in Kansas? 

8. How many counties in Kansas? How many townships in 
your county? In what township do you live? 

9. What is the use of the township? Name the township 
offices. Distinguish between civil and congressional townships. 

10. Which is more important in Kansas, the county or the 
township? 

11. What is meant by the county seat? Name the county seat 
of your county. 

12. Name the county offices and give the general purpose of 
each. Name the officers of your county. 

13. Discuss the importance of local government. 

14. What is meant by municipal government? Why is it neces- 
sary? What is a village? a town? a city? 

15. Explain the classification of cities of Kansas. Explain how 
a community can become incorporated as a third class city; as a 
second class city; as a first class city. 

16. Explain the general form of city government. Tell some- 
thing of the mayor; the city council; the departments of city work; 
city courts. 

17. Explain the government of a small city. 

18. Tell something of the growth of city population. What 
are some of the conditions that have stimulated this growth? Do 



LOCAL GOVERNMENT 145 



you think that its continued increase will be for the best interests 
of the country? Why? 

19. Name and discuss some of the problems of city government. 

20. What are "pubhc utiHties?" Explain how they form a 
problem of city government. 

21. Are there many problems connected with city government? 
Has city government in the past received its full share of attention? 
Discuss cost of city government. 

22. What is meant by the commission government of cities? 
Where did it originate? 

23. Compare the old form and the commission form of city 
government mentioning the following points: wards, politiqs, 
number of officers, departments, assistants, initiative, referendum, 
and recall. Discuss the placing of responsibility. 

24. How many commissioners under the Kansas law? Where 
may commission government be adopted in Kansas? 

25. Can any form of government be expected to remedy all 
evils? Why? What is the foundation of all good government? 

For Supplementary Study. 

Ashley, American Government. 

Forman, Advanced Civics. 

Boynton and Bates, School Civics. 

James and Sanford, Government in State and Nation, 1-8, 

26-47. 
Bryce, The American Commonwealth, 410-435. 
Hart, Actual Government, 167-212. 
Conkling, City Government in the United States. 
Wilcox, A Study of City Government. 



The western method of local government (the 
county-township system) for simplicity, symmetry, 
flexibility, and administrative efficiency is superior 
to any other sysem which the Teuton mind has yet 
produced. — G. E. Howard. 

The modern city has come to be a huge corpora- 
tion for carrying on a huge business with many 
branches. — ^John Fiske. 



CHAPTER XV 
STATE GOVERNMENT 

Relation of the State to Local Governments. — Local 
governments receive all of their powers from the state. 
Townships, counties, and cities are organized under state 
laws and are really only divisions of government for carry- 
ing out state laws. No mention of local governments is 
made in the National Constitution, so we see that the 
states established them and are responsible for them and 
can step in and take local government into their own hands 
at any time, though in fact they do this only in rare cases 
of great necessity. 

Relation of the State to the Federal Government. — 
The relation of the Federal Government to the states is 
very different from the relation of the states to the local 
governments. The Federal government may not step in 
and take state affairs in its own hands, as the state may do 
with the local governments, but the power of the states 
is their own and cannot be increased or decreased by the 
Federal Government. The National Constitution gives 
certain powers to the Nation and others to the states. 

No state law can be changed except by the state itself 
and no state may exercise a power forbidden by the 
Constitution, but each state is free to regulate in its own 
way the affairs that concern only its own citizens. 

Relation of the States to Each Other. — All states are 
equal before the Nation's law and are quite independent 
of each other. Practically, the only obligations to each 
other are to recognize each other's laws and records as val- 
id, and to give the citizens of every other state the same 
privileges as it gives its own. 

146 



STATE GOVERNMENT 147 

Because the states have so much liberty in the making 
of their laws, and because of the dissimilarity of the 
people and the geographical conditions in different sec- 
tions of the country, it is to be expected that laws on the 
same subjects would vary widely in different parts of 
the country. These diversities are not in general form 
but in matters of detail. But the increased amount of 
travel and business between the states in recent years 
has made these differences in state laws often trouble- 
some. For this reason many people believe there should 
be national laws to regulate such subjects as marriage, 
divorce, crime, corporations, commerce and other ques- 
tions of nation-wide interest. 

Relation of the State to the Individual. — Nearly all 
of the relations of people to each other are regulated by 
state law. For example, laws dealing with elections, 
labor, taxes, marriage, divorce, contracts, education, 
crime, and charity are state laws, as are laws in regard 
to buying, selling, inheriting, and holding property. This 
makes the relation between the people and their state 
government very close. 

General Form of State Government. — Each of the 
forty-eight states has framed a government to fit its 
own needs and ideas, and therefore no two are alike. 
Nevertheless, several features are common to all of them. 
Every state 

Has a written constitution, 

Has three departments of government, 

Has a governor and other executive officers, 

Has a system of courts. 

Supports a school system. 

Has a system of taxation, 

Provides for local government. 

Protects the rights of its people. 



148 CIVICS AND CITIZENSHIP 



KANSAS GOVERNMENT 

The Three Departments. — The government of every 
state is divided into three departments : 

The Legislative that makes the laws, 

The Executive that enforces the laws, 

The Judicial that explains or interprets the laws. 

The Legislative Power. — In all of the states this power 
is vested in a legislature composed of two houses, a 
smaller one always called a senate and one about three 
times as large, usually called a house of representatives. 
The legislature of Kansas meets at Topeka on the second 
Tuesday of January of every odd year. The members 
receive three dollars a day for not more than fifty days, 
and when a special session is called they may be paid for 
not more than thirty days. They are also paid fifteen 
cents a mile, going and returning, for attendance at any 
session. The manner of making laws is much like that 
in Congress, which will be studied later. 

The Senate consists of forty members elected from the 
forty districts into which the State is divided. It is pre- 
sided over by the lieutenant-governor. Senators are 
elected for four years. 

The House of Representatives consists of one hundred 
and twenty-five members elected for a term of two years. 
The House elects a presiding officer, called the speaker, 
from among its own members. 

All vacancies in either the House or the Senate must 
be filled by election. 

Read Article II, Sections i— loof the State Constitution, 
page 157. 

The Executive Department. — The executive depart- 
ment consists of a governor, lieutenant-governor, secre- 
tary of state, auditor, treasurer, attorney-general, and 



STATE GOVERNMENT 149 



superintendent of public instruction, each elected for a 
term of two years beginning the second Monday of 
January following the election. 

To these have been added by State law a large number 
of officers and boards, some elected by the people and 
some appointed by the governor or by the governor and 
the senate. 

The salary of the governor is $5,000 a year and a 
residence; of the lieutenant-governor $700 a year and six 
dollars a day during sessions of the legislature; of the 
treasurer $3,6oo; and of each of the others $2,500 a year. 

The general purpose of this department is to enforce 
the laws of the State and the chief duties connected 
with it are divided among the different officers. 

Governor. — • The governor is the head of the executive 
department. Some of his powers and duties are : 

To sign or veto bills passed by the legislature. 

To call extra sessions of the legislature when necessary. 

To communicate to the legislature at the beginning of 
each session such information as he may possess regarding 
the condition of the state. 

To recommend to the legislature such laws as he 
believes to be necessary. 

To use the pardoning power under certain conditions. 

To make appointments and fill vacancies under certain 
conditions. 

To call out the militia to execute the laws, suppress 
insurrection, and repel invasion. 

The Lieutenant-Governor presides over the Senate, 
voting only in case of a tie. He becomes governor in case 
of a vacancy in that office. 

The Secretary of State has charge of all records and 
official papers belonging to the State. He publishes and 
distributes the laws passed by the legislature. 



150 CIVICS AND CITIZENSHIP 

The Auditor keeps all accounts of the State, audits 
all bills, and makes a report of receipts and expenditures. 

The Treasurer receives and pays out the money of 
the State. All money paid to the State is deposited with 
him. He makes biennial reports to the Governor. 

The Attorney-General is the legal adviser of the State 
officers and represents the State in court. 

The State Superintendent of Public Instruction super- 
vises the public school system of the State. He is 
ex-officio chairman of the State Board of Education. 

The State Printer has charge of the State Printing 
Plant where the supply of blanks, documents, reports, 
etc., is printed for the State. 

The Superintendent of Insurance administers the in- 
surance laws of the State. Any insurance company must 
secure his permission to transact business within the State. 

Several important officers are appointed, among them 
the following, whose duties are indicated by their names: 
Fish and Game Warden, Bank Commissioner, Labor 
Commissioner, Live Stock Commissioner, Oil Inspector, 
State Librarian. 

Read Article I of the State Constitution, page 155. 

The Judicial Department. — The State Constitution 
says: ''The judicial power of this state shall be vested in 
a supreme court, district courts, justices of the peace, 
and such other courts inferior to the supreme court as 
may be provided by law.'* 

The Supreme Court. — At the head of the state judi- 
cial system is the Supreme Court. Some kinds of cases 
may originate in this cotirt, but most of the cases have 
been appealed from lower courts. The Supreme Cotirt 
consists of a chief justice and six associate justices 
elected for a term of six years, each receiving a salary of 
$4,000 a year. 



STATE GOVERNMENT 151 



District Courts. — There are thirty-four judicial dis- 
tricts in Kansas, consisting of one or more counties each. 
Sessions of the district court are held at stated times at 
the courthouse of each county. District judges are elected 
for a term of four years at a salary of $3,000, except in 
Wyandotte county, where the salary is $3,500. 

Other courts are city courts, probate courts, and 
justice courts. Review page 43. Read portions of Article 
III, State Constitution, page 161. 

Interest of the Citizen in the State Government. — 
There are comparatively few violations of national law; 
nearly all cases affecting individuals are for violations 
of State law and are tried in State courts. This makes 
it clear that every citizen is profoundly and vitally affected 
by the quality of his State government. 

QUESTIONS 

1 . Discuss the relation of state and local government. 

2. Discuss the relation of the state to the national government. 
Explain the difference between the relation of the state to the local 
government and the relation of the state to the national govern- 
ment. What would be the result if a state should pass a law for- 
bidden by the Constitution of the United States? 

3. Discuss the relation of the states to each other. Is there 
much variation in laws of different states? Why? Do you know 
of any state laws that are different from Kansas laws? 

4. Discuss the relation of the state to the individual. 

5. Give as many as possible of the ways in which all state govern- 
ments are alike. 

6. Name and explain the three departments of state govern- 
ment. 

7. In what is the legislative power vested? When does the 
Kansas Legislature meet? Where? What salary do the members 
receive? Is there any limit to the length of a session? Is there 
any limit to salary? Explain. 

8. How many members in the Kansas Senate? Length of 
senatorial term? What officer presides over the Senate? What 
ccimties compose your senatorial district? Who is your Senator? 



152 CIVICS AND CITIZENSHIP 

9. How many members in the Kansas House of Representatives? 
For how long a term are they elected? Who presides over the 
House? Who is your Representative? 

10. How is a vacancy in either house filled? 

11. The Executive department consists of what officers? For 
how long a time are they elected? When does their term begin? 
How does this compare with the county officers? Give salaries of 
state officers. What is the purpose of the Executive department? 
Give the general duties of each officer. 

12. What is the purpose of the Judicial department? In what 
is it vested? For how long a term are Supreme Court justices 
elected? What salary do they receive? 

. 13. Why is the quality of state government a matter of impor- 
tance to every individual? 

For Supplementary Study. 

Ashley, American Government. 

Forman, Advanced Civics. 

James and Sanford, Government in State and Nation, 9-25. 

Bryce, The American Commonwealth, 287-396. 

Hart, Actual Government, 1 13-163. 

Boynton and Bates, School Civics. 



States make up the mass, the body, the organic 
stu^ of the government of the country. To them 
is intrusted our daily welfare. — Woodrow 
Wilson. 

Strictly speaking, the Governor is not the head 
of the executive department, but a member of it. 
The executive department is parceled out in several 
pieces, and his is one of the pieces. — ^John Fiske. 



CONSTITUTION OF THE STATE OF KANSAS 

PREAMBLE 

We, the people of Kansas, grateful to Almighty God for our 
civil and religious privileges, in order to insure the full enjoyment 
of our rights as American citizens, do ordain and establish this con- 
stitution of the State of Kansas, with the following boundaries, to 
wit: Beginning at a point on the western boundary of the state 
of Missouri, where the thirty-seventh parallel of north latitude 
crosses the same; thence running west on said parallel to the 
twenty-fifth meridian of longitude west from Washington; thence 
north on said meridian to the fortieth parallel of north latitude; 
thence east on said parallel to the western boundary of the state 
of Missouri; thence south with the western boundary of said state 
to the place of beginning. 

BILL OF RIGHTS. 

Section i. All men are possessed of equal and inalienable 
natural rights, among which are life, liberty, and the pursuit of 
happiness. 

Sec. 2. All political power is inherent in the people, and all free 
governments are founded on their authority, and are instituted for 
their equal protection and benefit. No special privileges or im- 
munities shall ever be granted by the legislature, which may not be 
altered, revoked or repealed by the same body; and this power 
shall be exercised by no other tribunal or agency. 

Sec. 3. The people have the right to assemble, in a peaceable 
manner, to consult for their common good, to instruct their repre- 
sentatives, and to petition the government, or any department 
thereof, for the redress of grievances. 

Sec. 4. The people have the right to bear arms for their de- 
fense and security; but standing armies, in time of peace, are dan- 
gerous to liberty, and shall not be tolerated, and the military shall 
be in strict subordination to the civil power. 

Sec. 5. The right of trial by jury shall be inviolate. 

153 



154 CIVICS AND CITIZENSHIP 

Sec. 6. There shall be no slavery in this State; and no involun- 
tary servitude, except for the punishment of crime, whereof the 
party shall have been duly convicted. 

Sec. 7. The right to worship God according to the dictates of 
conscience shall never be infringed; nor shall any person be com- 
pelled to attend or support any form of worship; nor shall any con- 
trol of, or interference with the rights of conscience be permitted, 
nor any preference be given by law to any religious establishment 
or mode of worship. No religious test or property qualification 
shall be required for any office of public trust, nor for any vote at 
any election, nor shall any person be incompetent to testify on ac- 
count of religious belief. 

Sec. 8. The right to the writ of habeas corpus shall not be sus- 
pended, unless the public safety requires it in case of invasion or re- 
bellion. 

Sec. 9. All persons shall be bailable by sufficient sureties ex- 
cept for capital offenses, where proof is evident or the presumption 
great. Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel or unusual punishment inflicted. 

Sec. 10. In all prosecutions, the accused shall be allowed to ap- 
pear and defend in person, or by counsel; to demand the nature 
and cause of the accusation against him; to meet the witness face 
to face, and to have compulsory process to compel the attendance of 
witnesses in his behalf, and a speedy public trial by an impartial 
jury of the county or district in which the offense is alleged to have 
been committed. No person shall be a witness against himself, or 
be twice put in jeopardy for the same offense. 

Sec. II. The liberty of the press shall be inviolate: and all per- 
sons may freely speak, write or publish their sentiments on all sub- 
jects, being responsible for the abuse of such right; and in all civil 
or criminal actions for libel, the truth may be given in evidence 
to the jury, and if it shall appear that the alleged libelous matter 
was published for justifiable ends, the accused party shall be ac- 
quitted. 

Sec. 12. No person shall be transported from the State for any 
ofl'ense committed within the same, and no conviction in the State 
shall work a corruption of blood or forfeiture of estate. 

Sec. 13. Treason shall consist only in levying war against the 
State, adhering to its enemies, or giving them aid and comfort. No 
person shall be convicted of treason unless on the eviderice of two 
witnesses to the overt act, or confession in open court. 



CONSTITUTION OF THE STATE OF KAN SAS 155 

Sec. 14. No soldier shall, in time of peace, be quartered in any 
house without the consent of the occupant, nor in time of war, ex- 
cept as prescribed by law. 

Sec. 15. The right of the people to be secure in their persons 
and property against unreasonable searches and seizures, shall be 
inviotate; and no warrant shall issue but on' probable cause, sup- 
ported by oath or affirmation, particularly describing the place to 
be searched and the persons or property to be seized. 

Sec. 16. No person shall be imprisoned for debt except in cases 
of fraud. 

Sec. 17. No distinction shall ever be made between citizens of 
the State of Kansas and the citizens of other states and territories 
of the United States in reference to the purchase, enjoyment or 
descent of property. The rights of aliens in reference to the pur- 
chase, enjoyment or descent of property may be regulated by law. 

Sec. 18. All persons, for injuries suffered in person, reputation 
or property, shall have remedy by due course of law, and justice 
administered without delay. 

Sec. 19. No hereditary emoluments, honors, or privileges shall 
ever be granted or conferred by the State. 

Sec. 20. This enumeration of rights shall not bs construed to 
impair or deny others retained by the people; and all powers not 
herein delegated remain with the people. 



ARTICLE I. 
executive. 

Section i. The executive department shall consist of a gov- 
ernor, lieutenant governor, secretary of state, auditor, treasurer, at- 
torney-general, and superintendent of public instruction; who shall 
be chosen by the electors of the State at the time and place of vot- 
ing for members of the legislature, and shall hold their offices for 
the term of two years from the second Monday of January, next 
after their election, and until their successors are elected and 
qualified. 

Sec. 2. Until otherwise provided by law, an abstract of the re- 
turns of every election, for the officers named in the foregoing sec- 
tion, shall be sealed up and transmitted by the clerks of the boards 
of canvassers of the several counties, to the secretary of state, who, 
with the lieutenant-governor and attorney-general shall constitute a 



156 CIVICS AND CITIZENSHIP 

board of State canvassers, whose duty it shall be to meet at the State 
capital on the second Tuesday of December, succeeding each election 
for State officers, and canvass the vote for such officers and proclaim 
the result; but in case any two or more have an equal and the 
highest number of votes, the legislature shall by joint ballot choose 
one of said persons so having an equal and the highest number of 
votes for said office. 

Sec. 3. The supreme executive power of the State shall be 
vested in a governor, who shall see that the laws are faithfully 
executed. 

Sec. 4. He may require information in writing from the officers 
of the executive department, upon any subject relating to their re- 
spective duties. 

Sec. 5. He may, on extraordinary occasions, convene the legis- 
lature by proclamation, and shall, at the commencement of every 
session, communicate in writing such information as he may possess 
in reference to the condition of the State, and recommend such 
measures as he may deem expedient. 

Sec. 6. In case of disagreement between the two houses in re- 
spect to the time of adjournment, he may adjourn the legislature to 
such time as he may think proper, not beyond its regular meeting. 

Sec. 7. The pardoning power shall be vested in the governor, 
under regulations and restrictions prescribed by law. 

Sec. 8. There shall be a seal of the State, which shall be kept 
by the governor, and used by him officially; and which shall be the 
great seal of Kansas. 

Sec. 9. All commissions shall be issued in the name of the State 
of Kansas: signed by the governor, countersigned by the secretary 
of state, and sealed with the great seal. 

Sec. 10. No member of congress, or officer of the State, or of 
the United States, shall hold the office of governor, except as here- 
in provided. 

Sec. II. In case of the death, impeachment, resignation, re- 
moval or other disability of the governor, the power and duties of 
the office for the residue of the term, or until the disability shall be 
removed, shall devolve upon the president of the senate. 

Sec. 12. The lieutenant-governor shall be president of the sen- 
ate, and shall vote only when the senate is equally divided. The 
senate shall choose a president pro tempore, to preside in case of 
his absence or impeachment, or when he shall hold the office of 
governor. 



CONSTITUTION OF THE STATE OF K ANSAS 157 

Sec. 13. If the lieutenant-governor, while holding the office of 
governor, shall be impeached or displaced, or shall resign or die, or 
otherwise become incapable of performing the duties of the office: 
the president of the senate shall act as governor until the vacancy 
is filled, or the disability removed; and if the president of the 
senate, for any of the above causes,, shall be rendered incapable 
of performing the duties pertaining to the office of governor, 
the same shall devolve upon the speaker of the house of repre- 
sentatives. 

Sec. 14. Should either the secretary of state, auditor, treasurer, 
attorney-general, or superintendent of public instruction, become 
incapable of performing the duties of his office for any of the causes 
specified in the thirteenth section of this article, the governor shall 
fill the vacancy until the disability is removed, or a successor is 
elected and qualified. Ev6ry such vacancy shall be filled by elec- 
tion, at the first general election that occurs more than thirty days 
after it shall have happened; and the person chosen shall hold the 
office for the unexpired term. 

Sec. 15. The officers mentioned in this article shall, at stated 
times, receive for their services a compensation to be established by 
law, which shall neither be increased nor diminished during the 
period for which they shall have been elected. 

Sec. 16. The officers of the executive department, and of all 
public State institutions, shall, at least ten days preceding each 
regular session of the legislature, severally report to the governor, 
who shall transmit such reports to the legislature. 



ARTICLE II. 

legislative. 

Section i. The legislative power of this State shall be vested 
in a house of representatives and senate. 

Sec. 2. The number of representatives and senators shall be 
regulated by law, but shall never exceed one hundred and twenty- 
five representatives and forty senators. From and after the adop- 
tion of the amendment the house of representatives shall admit one 
member for each county, in which at least two hundred and fifty 
legal votes were cast at the next preceding general election; and 
each organized county in which less than two hundred legal votes 
were cast at the next preceding general election shall be attached 



158 CIVICS AND CITIZENSHIP 

to and constitute a part of the representative district of the county 
lying next adjacent to it on the east. 

Sec. 3. The members of the legislature shall receive as compen- 
sation for their services the sum of three dollars for each day's 
actual service at any regular or special session, and fifteen cents for 
each mile traveled by the usual route in going to and returning from 
the place of meeting; but such compensation shall not in the ag- 
gregate exceed the sum of two hundred and forty dollars for each 
member as per diem allowance for the first session held under this 
constitution, nor more than one hundred and fifty dollars for each 
session thereafter, nor more than ninety dollars for any special 
session. 

Sec. 4. No person shall be a member of the legislature who is 
not at the time of his election a qualified voter of, and a resident 
in, the county or district for which he is elected. 

Sec. 5. No member of congress or officer of the United States 
shall be eligible to a seat in the legislature. If any person, after his 
election to the legislature, be elected to congress or elected or ap- 
pointed to any office under the United States, his acceptance there- 
of shall vacate his seat. 

Sec. 6. No person convicted of embezzlement or misuse of the 
public funds shall have a seat in the legislature. 

Sec. 7. All State officers, before entering upon their respective 
duties, shall take and subscribe an oath or affirmation to support 
the constitution of the United States and the constitution of this. 
State, and faithfully to discharge the duties of their respective offices. 

Sec. 8. A majority of each house shall constitute a quorum. 
Each house shall establish its own rules; and shall be judge of the 
elections, returns and qualifications of its own members. 

Sec. 9. All vacancies occurring in either house shall be filled for 
the unexpired term by election. 

Sec. 10. Each house shall keep and publish a journal of its 
proceedings. The yeas and nays shall be taken and entered im- 
mediately on the journal, upon the final passage of every bill or 
joint resolution. Neither house, without the consent of the other, 
shall adjourn for more than two days, Sundays excepted. 

Sec. II. Any member of either house shall have the right to 
protest against any act or resolution; and such protest shall, with- 
out delay or alteration, be entered on the journal. 

Sec. 12. Bills may originate in either house, but may be 
amended or rejected by the other. 



CONSTITUTION OF THE STATE OF KANSAS 159 

Sec. 13. A majority of all the members elected to each house, 
voting in the affirmative, shall be necessary to pass any bill or joint 
resolution. 

Sec. 14. Every bill and joint resolution passed by the house of 
representatives and senate, shall, within two days thereafter, be 
signed by the presiding officers, and presented to the governor; 
if he approve, he shall sign it; but if not, he shall return it to the 
house of representatives, which shall enter the objections at large 
upon its journal and proceed to reconsider the same. If, after such 
reconsideration, two-thirds of the members elected shall agree to 
pass the bill or resolution, it shall be sent, with the objections, to 
the senate, by which it shall likewise be reconsidered, and if ap- 
proved by two-thirds of all the members elected, it shall become a 
law. But in all such cases, the vote shall be taken by yeas and 
nays, and entered upon the journal of each house. If any bill shall 
not be returned within three days, (Sundays excepted), after it shall 
have been presented to the governor, it shall become a law in like 
manner as if he had signed it, unless the legislature, by its adjourn- 
ment, prevent its return, in which case it shall not become a law. 
If any bill presented to the governor contain several i'^ems of appro- 
priation of money, he may object to one or more of such items, while 
approving the other portion of the bill ; in such case he shall append 
to the bill at the time of signing it, a statement of the item or items 
to which he objects, and the reasons therefor, and shall transmit 
such statement, or a copy thereof, to the house of representatives, 
and any appropriations so objected to shall not take effect unless 
reconsidered and approved by two thirds of the members elected 
to each house, and, if so reconsidered and approved, shall take effect 
and become a part of the bill, in which case the presiding officers 
of each house shall certify on such bill such fact of reconsideration 
and approval. 

Sec. 15. Every bill shall be read on three separate days in each 
house, unless in case of emergency. Two-thirds of the house where 
such bill is pending may, if deemed expedient, suspend the rules'; 
but the reading of the bill by sections, on its final passage, shall in 
no case be dispensed with. 

Sec. 16. No bill shall contain more than one subject, which 
shall be clearly expressed in its title, and no law shall be revived or 
amended, unless the new act contain the entire act revived, or the 
section or sections amended, and the section or sections so amended 
shall be repealed. 



160 CIVICS AND CITIZENSHIP 

■ Sec. 17. All laws of a general nature shall have a uniform oper- 
ation throughout the State ; and in all cases where a general law can 
be made applicable, no special law shall be enacted. 

. Sec. 18. All power to grant divorces is vested in the district 
courts, subject to regulation by law. 

Sec. 19. The legislature shall prescribe the time when its acts 
shall be in force, and shall provide for the speedy publication of the 
same; and no law of a general nature shall be in force until the 
same be published. It shall have the power to provide for the 
election or appointment of all officers, and the filling of all vacancies 
not otherwise provided for in this constitution. 

Sec. 20. The enacting clause of all laws shall be, "Be it en- 
acted by the legislature of the State of Kansas;" and no law shall 
be enacted except by bill. 

Sec. 21. The legislature may confer upon tribunals transacting 
the county business of the several counties, such powers of local 
legislation and administration as it shall deem expedient. 

Sec. 22. For any speech or debate in either house, the members 
shall not be questioned elsewhere. No member of the legislature 
shall be subject to arrest — except for felony or breach of the peace 
— in going to, or returning from, the place of meeting, or during 
the continuance of the session; neither shall he be subject to the 
service of any civil process during the session, nor for fifteen days 
previous to its commencement. 

Sec. 23. The legislature, in providing for the formation and 
regulation of schools, shall make no distinction between the rights 
of males and females. 

Sec. 24. No money shall be drawn from the treasury, except in 
pursuance of a specific appropriation made by law, and no ap- 
propriation shall be for a longer term than two years. 

Sec. 25. All sessions of the legislature shall be held at the State 
capital, and, beginning with the session of eighteen hundred and 
seventy-seven, all regular sessions shall be held once in two years, 
commencing on the second Tuesday of January of each alternate 
year thereafter. 

Sec. 26. The legislature shall provide for taking an enumera- 
tion of the inhabitants of the State at least once in ten years. The 
first enumeration shall be taken in A. D. 1865. 

Sec. 27. The house of representatives shall have the sole power 
to impeach. All impeachments shall be tried by the senate; and 
when sitting for that purpose, the senators shall take an oath to do 



CONSTITUTION OF THE STATE OF KANSAS 161 

justice according to the law and the evidence. No person shall be 
convicted without the concurrence of two-thirds of the senators 
elected. 

Sec. 28. The governor and all other officers under this consti- 
tution shall be subject to impeachment for any misdemeanor in 
office; but judgment in all such cases shall not be extended further 
than to removal from office and disqualification to hold any office of 
profit, honor or trust under this constitution; but the party, 
whether acquitted or convicted, shall be liable to indictment, trial, 
judgment and punishment, according to law. 

Sec. 29. At the general election held in eighteen hundred and 
seventy-six, and thereafter, members of the house of representa- 
tives shall be elected for two years, and members of the senate shall 
be elected for four years. 



ARTICLE III. 

JUDICIAL. 

Section i . The judicial power of this State shall be vested in a 
supreme court, district courts, probate courts, justices of the peace, 
and such other courts, inferior to the supreme court, as may be pro- 
vided by law; and all courts of record shall have a seal to be used 
in the authentication of all process. 

Sec. 2. The supreme court shall consist of seven justices, who 
shall be chosen by the electors of the state. They may sit sepa- 
rately in two divisions, with full power in each division to determine 
the cases assigned to be heard by such division. Three justices 
shall constitute a quorum in each division, and the concurrence of 
three shall be necessary to a decision. Such cases only as may be 
ordered to be heard by the whole court shall be considered by all 
the justices, and the concurrence of four justices shall be necessary 
to a decision in cases so heard. The justice who is senior in con- 
tinuous term of service shall be chief justice, and in case two or more 
have continuously served during the same period the senior in years 
of these shall be chief justice, and the presiding justice of each divis- 
ion shall be selected from the judges assigned to that division in like 
manner. The term of office of the justices shall be six years, except 
as hereinafter provided. The justices in office at the time this 
amendment takes effect shall hold their offices for the terms for 
which they were severally elected, and until their successors are 



162 CIVICS AND CITIZENSHIP 

elected and qualified. As soon as practicable after the second 
Monday in January, 1901, the governor shall appoint four justices, 
to hold their offices until the second Monday in January, 1903. At 
the general election in 1902 there shall be elected five justices, one 
of whom shall hold his office for two years, one for four years and 
three for six years. At the general election in 1904 and every six 
years thereafter, two justices shall be elected. At the general 
election in 1906 and every six years thereafter, two justices shall be 
elected. At the general election in 1908 and every six years there- 
after, three justices shall be elected. 

Sec. 3. The supreme court shall have original jurisdiction in pro- 
ceedings in quo warranto, mandamus, and habeas corpus; and 
such appellate jurisdiction as may be provided by law. It shall 
hold one term each year at the seat of government and such other 
terms at such places as may be provided by law, and its jurisdic- 
tion shall be coextensive with the State. 

Sec 4. There shall be appointed, by the justices of the 
supreme court, a reporter and clerk of said court, who shall hold 
their offices two years, and whose duties shall be prescribed by 
law. 

Sec. 5. The State shall be divided into five judicial districts, in 
each of which there shall be elected, by the electors thereof, a dis- 
trict judge, who shall hold his office for the term of four years. 
District courts shall be held at such times and places as may be 
provided by law. 

Sec. 6. The district courts shall have such jurisdiction in their 
respective districts as may be provided by law. 

Sec. 7. There shall be elected in each organized county a clerk 
of the district court, who shall hold his office two years, iand whose 
duties shall be prescribed by law. 

Sec. 8. There shall be a probate court in each county, which 
shall be a court of record, and have such probate jurisdiction and 
care of estates of deceased persons, minors, and persons of unsound 
minds as may be prescribed by law: and shall have jurisdiction in 
cases of habeas corpus. This court shall consist of one judge, who 
shall be elected by the qualified voters of the county, and hold his 
office two years. He shall hold court at such times and receive for 
compensation such fees or salary as may be prescribed by law. The 
legislature may provide for the appointment or selection of a probate 
judge pro tern, when the probate judge is unavoidably absent or 
otherwise unable or disqualified to sit in any case. 



CONSTITUTION OF THE STATE OF K ANSAS 163 

Sec. 9. Two justices of the peace shall be elected in each town- 
ship, whose term of office shall be two years, and whose powers and 
duties shall be prescribed by law. The number of justices of the 
peace may be increased in any township by law. 

Sec. 10. All appeals from probate courts and justices of the 
peace shall be to the district court. 

Sec. 1 1 . All the judicial officers provided for by this article shall 
be elected at the first election under this constitution, and shall re- 
side in their respective townships, counties or districts during their 
respective terms of office. In case of vacancy in any judicial office, 
it shall be filled by appointment of the governor until the next 
regular election that shall occur more than thirty days after such 
vacancy shall have happened. 

Sec. 12. All judicial officers shall hold their offices until their 
successors shall have qualified. 

Sec. 13. The justices of the supreme court and judges of the 
district court shall, at stated times, receive for their services such 
compensation as may be provided by law, which shall not be increased 
during their respective terms of office: Provided, Such compen- 
sation shaU not be less than fifteen hundred dollars to each justice 
or judge, each year, and such justices or judges shall receive no fees 
or perquisites nor hold any other office of profit or trust under the 
authority of the State, or the United States, during the term of of- 
fice for which such justices and judges shall be elected, nor practice 
law in any of the courts in the State during their continuance in 
office. 

Sec. 14. Provision may be made by law for the increase of the 
number of judicial districts whenever two-thirds of the members of 
each house shall concur. Such districts shall be formed of compact 
territory and bounded by county lines, and such increase shall not 
vacate the office of any judge. 

Sec. 15. Justices of the supreme court and judges of the 
district courts may be removed from office by resolution of 
both houses, if two-thirds of the members of each house concur. 
But no such removal shall be made except upon complaint, the 
substance of which shall be entered upon the journal, nor until 
the party charged shall have had notice and opportunity to be 
heard. 

Sec. 16. The several justices and judges of the courts of record 
in this State shall have such jurisdiction at chambers as may be pro- 
vided by law. 



164 CIVICS AND CITIZENSHIP 

Sec. 17. The style of all process shall be "The State of Kan- 
sas," and all prosecutions shall be carried on in the name of the State. 

(Section 18 omitted. It provided for a temporary division of the 
State into judicial districts.) 

Sec. 19. New or unorganized counties shall, by law, be at- 
tached, for judicial purposes, to the most convenient judicial district. 

Sec. 20. Provision shall be made by law for the selection, by 
the bar, of a pro tern, judge of the district court, when the judge is 
absent or otherwise unable or disqualified to sit in any case. 



ARTICLE IV. 

elections. 

Section i. All elections by the people shall be by ballot, and 
all elections by the legislature shall be viva voce. 

Sec. 2. General elections and township elections shall be held 
biennially on the Tuesday succeeding the first Monday in November, 
in the years bearing even numbers. All county and township 
officers shall hold their offices for a term of two years and until their 
successors are qualified : Provided, One county commissioner shall be 
elected from each of three districts, numbered 1, 2 and 3, by the 
voters of the district, and the legislature shall fix the time of election 
and the term of office of such commissioners ; such election to be at 
a general election, and no term of office to exceed six years. All 
officers whose successors would, under the law as it existed at the 
time of their election, be elected in an odd-numbered year, shall hold 
office for an additional year and until their successors are qualified. 
No person shall hold the office of sheriff or county treasurer for more 
than two consecutive terms. 



ARTICLE V. 

suffrage. 

Section i. Every [white] male person of twenty-one years and 
upwards belonging to either of the following classes — who shall 
have resided in Kansas six months next preceding any election, and 
in the township or ward, in which he offers to vote, at least thirty 
days next preceding such election — shall be deemed a qualified 
elector. 



CONSTITUTION OF THE STATE OF KANSAS 165 

First. Citizens of the United States; 

Second. Persons of foreign birth who shall have declared their 
intention to become citizens conformably ta the laws of the United 
States on the subject of naturalization. 

Sec. 2. No person under guardianship, non compos mentis, or 
insane; no person convicted of felony, unless restored to civil 
rights; no person who has been dishonorably discharged from the 
service of the United States, unless reinstated; no person guilty of 
defrauding the government of the United States, or of any of the 
states thereof; no person guilty of giving or receiving a bribe, or 
offering to give or receive a bribe; and no person who has ever 
voluntarily borne arms against the government of the United 
States, or in any manner voluntarily aided or abetted in the at- 
tempted overthrow of said government, except all persons who 
have been honorably discharged from the military service of the 
United States since the first day of April, A. D. 1861, provided 
that they have served one year or more therein, shall be qualified 
to vote or hold office in this State, until such disability shall be re- 
moved by a law passed by a vote of two-thirds of all the members 
of both branches of the legislature. 

Sec. 3. For the purpose of voting, no person shall be deemed 
to have gained or lost a residence by reason of his presence or ab- 
sence while employed in the service of the United States, nor 
while engaged in the navigation of the waters of this State, or 
of the United States, or of the high seas, nor while a stu- 
dent of any seminary of learning, nor while kept at any alms- 
house or other asylum at public expense, nor while confined in 
any public prison; and the legislature may make provision for 
taking the votes of electors who may be absent from their town- 
ships or wards, in the volunteer military service of the United 
States, or the militia service of this State; but nothing herein 
contained shall be deemed to allow any soldier, seaman or marine 
in the regular army or navy of the United States the right to 
vote. 

Sec. 4. The legislature shall pass such laws as may be necessary 
for ascertaining, by proper proofs, the citizens who shall be entitled 
to the right of suffrage hereby established. 

Sec. 5. Every person who shall give or accept a challenge to 
fight a duel, or who shall knowingly carry to another person such 
challenge, or shall go out of the State to fight a duel, shall be ineli- 
gible to any office of trust or profit. 



166 CIVICS AND CITIZENSHIP 

Sec. 6. Every person who shall have given or offered a bribe to 
procure his election, shall be disqualified from holding office during 
the term for which he may have been elected. 

Sec. 7. Electors, during their attendance at elections, and in 
going to and returning therefrom, shall be privileged from arrest in 
all cases except treason, felony, or breach of the peace. 

ARTICLE VI. 

EDUCATION. 

Section i . The State superintendent of public instruction shall 
have the general supervision of the common school funds and 
educational interests of the State, and perform such other duties as 
may be prescribed by law. A superintendent of public instruction 
shall be elected in each county, whose term of office shall be two 
years, and whose duties and compensation shall be prescribed by law. 

Sec. 2. The legislature shall encourage the promotion of intel- 
lectual, moral, scientific and agricultural improvement, by estab- 
lishing a uniform system of common schools, and schools of a 
higher grade, embracing normal, preparatory, collegiate and uni- 
versity departments. 

Sec. 3. The proceeds of all lands that have been, or may be, 
granted by the United States to the State, for the support of 
schools, and the five hundred thousand acres of land granted to the 
new states, under an act of congress distributing the proceeds of 
public lands among the several states of the union, approved 
September 4, A. D. 1841, and all estates of persons dying without 
heir or will, and such per cent, as may be granted by congress on 
the sale of the lands in this State, shall be the common property of 
the State, and shall be a perpetual school fund, which shall not be 
diminished, but the interest of which, together with all the rents 
of the lands, and such other means as the legislature may provide, 
by tax or otherwise, shall be inviolably appropriated to the support 
of common schools. 

Sec. 4. The income of the State school funds shall be disbursed 
annually, by order of the State superintendent, to the several 
county treasurers, and thence to the treasurers of the several school 
districts, in equitable proportion to the number of children and 
youth resident therein, between the ages of five and twenty-one 
years: Provided, That no school district, in which a common 
school has not been maintained at least three months in each year, 
shall be entitled to receive any portion of such funds. 



CONSTITUTION OF THE STATE OF KANSAS 167 

Sec. 5. The school lands shall rxOt be sold unless such sale shall 
be authorized by a vote of the people at a general election; but, 
subject to re- valuation every five years, they may be leased for any 
number of years not exceeding twenty-five, at a rate established by 
law. 

Sec. 6, All money which shall be paid by persons as an equiva- 
lent for exemption from military duty; the clear proceeds of 
estrays, ownership of which shall vest in the taker-up; and the 
proceeds of fines for any breach of the penal laws, shall be exclu- 
sively applied, in the several counties in which the money is paid or 
fines collected, to the support of common schools. 

Sec. 7. Provision shall be made by law for the establishment, 
at some eligible and central point, of a State university, for the 
promotion of literature, and the arts and sciences, including a 
normal and an agricultural department. All funds arising from 
the sale or rents of lands granted by the United States to the State 
for the support of a State university, and all other grants, dona- 
tions or bequests, either by the State or by individuals, for such 
purpose, shall remain a perpetual fund, to be called the "univer- 
sity fund"; the interest of which shall be appropriated to the 
support of the State university. 

Sec. 8. No religious sect or sects shall ever control any part 
of the common school or university funds of the State. 

Sec. 9. The State superintendent of public instruction, secre- 
tary of state and attorney-general shall constitute a board of com- 
missioners, for the management and investment of the school 
funds. Any two of said commissioners shall be a quorum. 



ARTICLE VII. 

PUBLIC INSTITUTIONS. 

Section i. Institutions for the benefit of the insane, bHnd, and 
deaf and dumb, and such other benevolent institutions as the pub- 
lic good may require, shall be fostered and supported by the State, 
subject to such regulations as may be prescribed by law. Trustees 
of such benevolent institutions as may be hereafter created shall 
be appointed by the governor, by and with the advice and consent 
of the senate; and upon all nominations made by the governor, 
the question shall be taken in yeas and nays, and entered upon the 
iournal. 



168 CIVICS AND CITIZENSHIP 

Sec. 2. A penitentiary shall be established, the directors of 
which shall be appointed or elected, as prescribed by law. 

Sec. 3. The governor shall fill any vacancy that may occur 
in the offices aforesaid, until the next session of the legislature, 
and until a successor to his appointee shall be confirmed and 
qualified. 

Sec. 4. The respective counties of the State shall provide, as 
may be prescribed by law, for those inhabitants, who, by reason of 
age, infirmity, or other misfortune, may have claims upon the 
sympathy and aid of society. 



ARTICLE VIII. 

MILITIA. 

Section i. The militia shall be composed of all able-bodied 
male citizens between the ages of twenty-one and forty-five years, 
except such as are exempted by the laws of the United States or 
of this State; but all citizens of any religious denomination what- 
ever who from scruples of conscience may be averse to bearing arms 
shall be exempted therefrom upon such conditions as may be pre- 
scribed by law. 

Sec. 2. The legislature shall provide for organizing, equipping 
and disciplining the militia in such manner as it shall deem expe- 
dient not incompatible with the laws of the United States. 

Sec. 3. Officers of the militia shall be elected or appointed, and 
commissioned in such manner as may be provided by law. 

Sec. 4. The governor shall be commander-in-chief, and shall 
have power to call out the militia to execute the laws, to suppress 
insurrection, and to repel invasion. 



ARTICLE IX. 

COUNTY AND TOWNSHIP ORGANIZATION. 

Section i. The legislature shall provide for organizing new 
counties, locating county seats, and changing county lines; but no 
county seat shall be changed without the consent of a majority of 
the electors of the county; nor any county organized, nor the lines 
of any county changed so as to include an area of less than four 
hundred and thirty-two square miles. 



CONSTITUTION OF THE STATE OF KANSAS 169 

Sec. 2. The legislature shall provide for such county and town- 
ship officers as may be necessary. 

Sections 3 and 4 were eliminated by amendment in 1904. 
See article IV, Sec. 2. 

Sec. 5. All county and township officers may be removed from 
office, in such manner and for such cause as shall be prescribed by 
law. 

ARTICLE X. 

APPORTIONMENT. 

Section i. In the future apportionment of the State, each or- 
ganized county shall have at least one representative; and each 
county shall be divided into as many districts as it has representa- 
tives. 

Sec. 2. It shall be the duty of the first legislature to make an 
apportionment, based upon the census ordered by the last legisla- 
tive assembly of the territory; and a new apportionment shall be 
made in the year 1866, and every five years thereafter, based upon 
the census of the preceding year. 

(Section 3 omitted. It provided a temporary apportionment of 
the State into districts, for the election of senators and representa- 
tives.) 

ARTICLE XI. 
finance and taxation. 

Section i. The legislature shall provide for a uniform and 
equal rate of assessment and taxation; but all property used exclu- 
sively for State, county, municipal, literary, educational, scientific, 
religious, benevolent and charitable purposes, and personal prop- 
erty to the amount of at least two hundred dollars for each family, 
shall be exempted from taxation. 

Sec. 2. The legislature shall provide for taxing the notes and 
bills discounted or purchased, moneys loaned, and other property, 
effects, or dues of every description, (without deduction) of all 
banks now existing, or hereafter to be created, and of all bankers; 
so that all property employed in banking shall always bear a burden 
of taxation equal to that imposed upon the property of individuals. 

Sec. 3. The legislature shall provide, at each regular session, 
for raising stCfficient revenue to defray the current expenses of the 
State for two years. 



170 CIVICS AND CITIZENSHIP 

Sec. 4. No tax shall be levied except in pursuance of a law, 
which shall distinctly state the object of the same; to which object 
only such tax shall be applied. 

Sec. 5. For the purpose of defraying extraordinary expenses 
and making public improvements, the State may contract public 
debts; but such debts shall never, in the aggregate, exceed one 
million dollars, except as hereinafter provided. Every such debt 
shall be authorized by law for some purpose specified therein, and 
the vote of a majority of all the members elected to each house, to 
be taken by the yeas and nays, shall be necessary to the passage of 
such law; and every such law shall provide for levying an annual 
tax sufficient to pay the annual interest of such debt, and the 
principal thereof, when it shall become due; and shall specifically 
appropriate the proceeds of such taxes to the payment of such 
principal and interest ; and such appropriation shall not be repealed 
nor the taxes postponed or diminished, until the interest and prin- 
cipal of such debt shall have been wholly paid. 

Sec. 6. No debt shall be contracted by the State except as herein 
provided, unless the proposed law for creating such debt shall first 
be submitted to a direct vote of the electors of the State at some 
general election; and if such proposed law shall be ratified by a 
majority of all the votes cast at such general election, then it shall 
be the duty of the legislature next after such election to enact such 
law and create such debt, subject to all the provisions and restric- 
tions provided in the preceding sections of this article. 

Sec. 7. The State may borrow money to repel invasion, suppress 
insurrection, or defend the State in time of war; but the money 
thus raised shall be applied exclusively to the object for which the 
loan was authorized, or to the repayment of the debt thereby 
created. 

Sec. 8. The State shall never be a party in carrying on any works 
of internal improvement. 

ARTICLE XII. 
corporations. 

Section i. The legislature shall pass no special act conferring 
corporate powers. Corporations may be created under general 
laws ; but all such laws may be amended or repealed. 

Sec. 2. Dues from corporations shall be secured by the indi- 
vidual liability of the stockholders to the amount of stock owned 



CONSTITUTION OF THE STATE OF KANSAS 171 

by each stockholder, and such other means as shall be provided by- 
law ; but such individual liabilities shall not apply to railroad cor- 
porations, nor corporations for religious or charitable purposes. 

Sec. 3. The title to all property of religious corporations shall 
vest in trustees, whose election shall be by the members of such cor- 
porations. 

Sec. 4. No right of way shall be appropriated to the use of 
any corporation, until full compensation therefor be first made in 
money, or secured by a deposit of money, to the owner, irrespective 
of any benefit from any improvement proposed by such corporation. 

Sec. 5. Provision shall be made by general law for the organi- 
zation of cities, towns and villages; and their power of taxation, 
assessment, borrowing money, contracting debts and loaning their 
credit, shall be so restricted as to prevent the abuse of such power. 

Sec. 6. The term corporations, as used in this article, shall in- 
clude all associations and joint stock companies having powers and 
privileges not possessed by individuals or partnerships; and all 
corporations may sue and be sued in their corporate name. 

ARTICLE XIII. 

BANKS AND CURRENCY. 

Section i. No bank shall be established otherwise than under 
a general banking law. 

Sec. 2. All banking laws shall require, as collateral security for 
the redemption of the circulating notes of any bank, organized 
under their provisions, a deposit with the auditor of state, of the 
interest-paying bonds of the several states or of the United States, 
at the cash rates of the New York stock exchange, to an amount 
equal to the amount of circulating notes which such bank shall be 
authorized to issue, and a cash deposit in its vaults of ten per cent, 
of such amount of circulating notes; and the auditor shall register 
and countersign no more circulating bills of any bank than the 
cash value of such bonds when deposited. 

Sec. 3. Whenever the bonds pledged as collateral security for 
the circulation of any bank shall depreciate in value, the auditor 
of state shall require additional security, or curtail the circulation 
of such bank, to such extent as will continue the security unim- 
paired. 

Sec. 4. All circulating notes shall be redeemable in the money 
of the United States. Holders of such notes shall be entitled, in 



172 CIVICS AND CITIZENSHIP 

case of the insolvency of such banks, to preference of payment 
over all other creditors. 

Sec. 5. The State shall not be a stockholder in any banking in- 
stitution. 

Sec. 6. All banks shall be required to keep offices and officers 
for the issue and redemption of their circulation, at a convenient 
place within the State, to be named on the circulating notes issued 
by such bank. 

Sec. 7. No banking institution shall issue circulating notes of a 
less denomination than one dollar. 

Sec. 8. No banking law shall be in force until the same shall 
have been submitted to a vote of the electors of the State at some 
general election, and approved by a majority of all the votes cast at 
such election. 

Sec. 9. Any banking law may be amended or repealed. 



ARTICLE XIV. 

AMENDMENTS. 

Section i. Propositions for the amendment of this constitution 
may be made by either branch of the legislature; and if two-thirds 
of all the members elected to each house shall concur therein, such 
proposed amendments, together with the yeas and nays, shall 
be entered on the journal; and the secretary of state shall cause 
the same to be published in at least one newspaper in each county 
of the State where a newspaper is published, for three months pre- 
ceding the next election for representatives, at which time the same 
shall be submitted to the electors for their approval or rejection; 
and if a majority of the electors voting on said amendments, at 
said election, shall adopt the amendments, the same shall become 
a part of the constitution. When more than one amendment shall 
be submitted at the same time, they shall be so submitted as to 
enable the electors to vote on each amendment separately; and not 
more than three propositions to amend shall be submitted at the 
same election. 

Sec. 2. Whenever two-thirds of the members elected to each 
branch of the legislature shall think it necessary to call a conven- 
tion to revise, amend or change this constitution, they shall recom- 
mend to the electors to vote at the next election of members to the 
legislature, for or against a convention; and if a majority of all the 



CONSTITUTION OF THE STATE OF KANSAS 173 

electors voting at such election shall have voted for a convention, 
the legislature shall, at the next session, provide for calling the 
same. 

ARTICLE XV. 

MISCELLANEOUS. 

Section i. All officers whose election or appointment is not 
otherwise provided for, shall be chosen or appointed as may be pre- 
scribed by law. 

Sec. 2. The tenure of any office not herein provided for may be 
declared by law; when not so declared, such office shall be held 
during the pleasure of the authority making the appointment, but 
the legislature shall not create any office the tenure of which shall 
be longer than four years. 

Sec. 3. Lotteries and the sale of lottery tickets are forever pro- 
hibited. 

Sec. 4. All public printing shall be done by the state printer, 
who shall be elected by the people at the election held for state 
officers in November, 1906, and every two years thereafter, at the 
elections held for state officers, and shall hold his office for two years 
and until his successor shall be elected and qualified. 

Sec. 5. An accurate and detailed statement of the receipts and 
expenditures of the public moneys, and the several amounts paid, 
to whom, and on what account, shall be published, as prescribed by 
law. 

Sec. 6. The legislature shall provide for the protection of the 
rights of women, in acquiring and possessing property, real, personal 
and mixed, separate and apart from the husband; and shall also 
provide for their equal rights in the possession of their children. 

Sec. 7. The legislature may reduce the salaries of officers who 
shall neglect the performance of any legal duty. 

Sec. 8. The temporary seat of government is hereby located at ' 
the city of Topeka, county of Shawnee. The first legislature under 
this constitution shall provide by law for submitting the question of 
the permanent location of the capital to a popular vote, and a 
majority of all the votes cast at some general election shall be 
necessary for such location. 

Sec. 9. A homestead to the extent of one hundred and sixty 
acres of farming land, or of one acre within the limits of an incor- 
porated town or city, occupied as a residence by the family of the 



174 CIVICS AND CITIZENSHIP 

owner, together with all the improvements on the same, shall be 
exempted from forced sale under any process of law, and shall not 
be alienated without the joint consent of husband and wife, when 
that relation exists; but no property shall be exempt from sale for 
taxes, or for the payment of obligations contracted for the purchase 
of said premises, or for the erection of improvements thereon. 
Provided; The provisions of this section shall not apply to any 
process of law obtained by virtue of a lien given by the consent of 
both husband and wife. 

Sec. io. The manufacture and sale of intoxicating liquors shall 
be forever prohibited in this State, except for medical, scientific and 
mechanical purposes. 



NATIONAL GOVERNMENT 



Every free government is necessarily com- 
plicated^ because all such governments estab- 
lish restraints, as well on the power of 
government itself as on that of individuals. 
If we will abolish the distinction of branches, 
and have but one branch; if we will abolish 
jury trials, and leave all to the judge; and 
if we place the executive power in the same 
hands, we may readily simplify government. 
We may easily bring it to the simplest of 
all possible forms, a pure despotism. But 
a separation of departments, so far as prac- 
ticable, and the preservation of clear lines 
of division between them, is the fundamental 
idea in the creation of all our constitutions; 
and, doubtless, the continuance of regulated 
liberty depends on maintaining these boun-- 
daries. — Daniel Webster. 



NATIONAL GOVERNMENT 

CHAPTER XVI 
DEVELOPMENT OF NATIONAL GOVERNMENT 

Attitude of the Colonists Toward Government. — The 

American colonists had become so dissatisfied with the 
rule of the English King and Parliament, that they feared 
and dreaded a strong central government. Their pride 
and their hopes lay in their own local governments, and 
it was difficult for sentiment favorable to union to make 
any headway. It was necessity that led them every step 
of the way to national government. 

Steps Toward Union. — The several unions among the 
colonies were steps in a steadily progressive movement 
towards a common government, although they were not 
recognized by the colonists as such. 

The New England Confederation in 1643 "^^^ a union of 
four colonies that found it necessary to band together 
against the Dutch and the Indians. It was not a union 
for government, but merely for the purpose of arranging 
for supplies of men and money for protection. 

In the Albany Convention in 1754, seven colonies drew 
up a plan of union for protection against the French and 
the Indians, but it was not accepted by either the colonies 
or the English government. 

The Stamp Act Congress in 1765 was a gathering from 
nine colonies to protest against the oppressive acts of 
England. There was a strong sense of mutual wrongs and 
mutual resistance in this Congress. It was really the be- 
ginning of political union in America. 

177 



178 CIVICS AND CITIZENSHIP 

The First Continental Congress in 1774 was composed 
of delegates from twelve colonies. They met for the pur- 
pose of making a declaration of rights, and they resolved 
that the colonies ought to support Massachusetts in her 
resistance of Parliament. The feeling of union had by this 
time grown strong and aggressive. 

The Second Continental Congress in 1775 was a gathering 
of delegates from all of the thirteen colonies. It remained 
in session for six years and furnished the only central 
government of the colonies during the war. 

In looking back over these five events we may see the 
growth in the idea of union. Notice the increased number 
of colonies, the greater scope of the business, and the 
stronger sentiment of mutual effort, in each succeeding 
meeting. 

The chief point to be remembered is that the colonists 
learned slowly but surely that a central government was 
a necessity. 

Government During the Revolution. — The spirit of 
union was now so thoroughly aroused that the Second 
Continental Congress, without any authority except that 
voluntarily given it by the colonies, carried on the 
work of government during the war. It attended to 
foreign affairs, it issued money, it declared the indepen- 
dence of the colonies, it assumed command of the army, 
and in none of these things was its right questioned. 

The Articles of Confederation. — So fully had the 
colonies realized that they must have a permanent, central 
government that in 1777 the Congress adopted the 
Articles of Confederation. The government was to become 
binding when ratified by all of the colonies. This was not 
accomplished until 1 7 8 1 . 

^- The Form of Government. — This union was to be a 
''firm league of friendship" with each state retaining its 



NATIONAL GOVERNMENT 179 



own freedom and independence. The only department 
of government was a congress of one house. 

Dejects of the Articles. — The colonists had learned the 
value of union but they had not yet learned that there 
must be authority in the central government. The new 
government was practically the same as that of the 
Second Continental Congress, but when the war was over 
the urgent necessity for obedience to Congress was gone, 
and since there was no executive department there was 
no way in which Congress could enforce its laws. Con- 
gress could ask for money but it could not compel the 
states to pay their portions; it could not regulate com- 
merce; it could not remedy these conditions because no 
amendment could be adopted except by a unanimous 
vote of the states. In short, the whole trouble with the 
government under the Articles of Confederation, was that, 
"It could declare everything, but could do nothing." 
In every way the Union was sacrificed to the states. 
America was not a nation but thirteen little independent 
governments. 

The result was deplorable; treaties were violated, 
courts were broken up by mobs, the states quarreled with 
each other, no money could be raised and debts remained 
unpaid. Altogether it soon became evident that some- 
thing must be done. 

The Constitutional Convention. — • Through the efforts 
of some of the far-sighted leaders, Washington, Hamilton, 
Franklin, Madison, and others, a convention was called 
to meet at Philadelphia in May, 1787, for the purpose of 
revising the Articles of Confederation. All of the states 
except Rhode Island were represented^ most of the time 
during the four months that the Convention was in ses- 
sion. Among the members were some of the wisest and 
ablest men in the states. They soon found that the 



180 CIVICS AND CITIZENSHIP 

Articles could not be revised but that there must be an 
entirely new constitution. So they elected Washington 
chairman, and set to work behind closed doors. 

The Difficulties to be Met. — In view of all the diffi- 
culties to be met, the framing of the Constitution was a 
tremendous undertaking. The delegates represented 
a number of jealous and independent states that did not 
want to give up any of their freedom. There were difficul- 
ties to be adjusted between the large and the small states, 
the slave and the free states, and to meet these various 
needs many compromises were necessary. Most of the 
important provisions of the Constitution were borrowed 
from the state constitutions, so there was little in it that 
was really new or original. The Constitution was the 
result of careful selection, much wisdom and practical 
sagacity, and the fact that under it has grown up one of 
the greatest nations of the earth, is a tribute to the good 
judgment of the men who framed it. 

Ratification. — The Constitution was completed, and 
submitted to the people in September of 1787. It met 
with strong opposition chiefly because many of the people 
objected to giving so much power to the central govern- 
ment. Naturally there was much argument and debate 
on the subject but the friends of the Constitution tri- 
umphed. The ratification of nine states was necessary to 
establish a government under the Constitution. With the 
ratification of the ninth state, steps were taken to put the 
government into operation and on April 30, 1789, a little 
more than a year and a half after the convention had 
completed its work, Washington was inaugurated Presi- 
dent of the new nation. By this time eleven states had 
ratified, and in a little more than a year North Carolina 
and Rhode Island had ratified, and the Union was com- 
plete. 



NATIONAL GOVERNMENT 181 

The New Government. — The Confederation had failed, 
chiefly because the states were superior to a central gov- 
ernment which had no strength, power, or authority. 
The men who framed the Constitution knew this so well 
that they were exceedingly careful in dividing powers 
between the states and the Nation. The plan that was 
followed in distributing state and national powers was 
very simple. All powers relating to matters that affect 
the welfare of the whole Nation, such as relations with 
other countries, coining money, declaring war, estab- 
lishing a postal system, were given to the National 
Government. Think of the results if each state were 
to do these things for itself. On the other hand, to the 
states were given the power to regulate all matters that 
are of interest to that particular part of the country. 
(Page 146.) 

The Preamble. — The opening sentence of the Constitu- 
tion is called the preamble, and it is, in itself, an explana- 
tion of the difference between the old government and the 
new one. The Confederation was a league of the states, 
but the Constitution begins with the words *'We, the 
people." All through the study of local and state govern- 
ments, we have seen that the people are the source of 
power, and now we have traced it back to its beginning 
in the opening words of the instrument that is the founda- 
tion of all our government, the Constitution of the United 
States. 

The Preamble follows : 

We the people of the United States, in order to form a 
more perfect union, establish justice, insure domestic tran- 
quillity, provide for the common defense, promote the general 
welfare, and secure the blessings of liberty to ourselves and 
our posterity, do ordain and establish this Constitution for 
the United States of America. 



182 CIVICS AND CITIZENSHIP 

Notice that it is composed of three parts: 

1. Who acts? We, the people. 

2. For what purpose? 

To form a more perfect union, 
EstabHsh justice, 
Insure domestic tranquillity. 
Provide for the common defense, 
Promote the general welfare, 
Secure the blessings of liberty to ourselves and 
our posterity. 

3. What is the act? Do ordain and establish this 
Constitution for the United States of America. 

Three Departments of National Government. — ■ Under 
the Articles of Confederation, the whole government con- 
sisted of a congress of one house, but the men who framed 
the Constitution, separated the work of government into 
three departments. 

1. The Legislative Department makes the laws. It 
consists of a Congress of two houses. 

2. The Executive Department enforces the laws. This 
power is ''vested in a President." 

3. The Judicial Department explains or interprets the 
laws whenever any question arises as to their exact mean- 
ing, and applies them to cases under consideration. This 
department consists of the courts. 

It will be remembered that this same separation of 
power exists in the state governments. It is one of the 
fundamental principles of our republic. Read carefully 
the quotation from Webster, page 176. 

The study of the National Government will be, largely, 
a study of its three departments, their powers, duties, and 
limitations. The legislative department will be considered 
first. 



NATIONAL GOVERNMENT 183 



QUESTIONS 

1. Compare the attitude of the colonists toward their local 
governments, and toward a central government. Then why was 
a central government ever established? 

2. Name the steps toward union. How many unions were 
there? Give the purpose of each. Show that each included a 
larger number of colonies than the preceding one. What can 
you say about the feeling of the colonists toward union by 1775? 

3. Show why a union of the colonies was necessary during the revo- 
lution. How were the colonies governed during the war ? How did the 
governing body get its authority? Name some of the things it did. 

4. What were the Articles of Confederation? When adopted 
by Congress? How many of the Colonies must ratify in order to 
make them binding? How long did this ratification require? 

5. Explain the form of government under the Articles of Con- 
federation. How many departments of government? Explain 
the weakness of this government. Why was it not as satisfactory 
as the government of the Continental Congress during the war? 
What was the general eflfect of this government on the colonies? 

6. Give an account of the Constitutional Convention mention- 
ing leaders, date, purposes, colonies represented, and work. 

7. What were some of the difficulties that had to be met in 
making a new constitution? Was the Constitution modeled after 
that of any other country? Explain. Explain the necessity of 
compromise among the members of the convention. 

8. How long did it take the convention to complete the Con- 
stitution? 

9. Ratification by how many states was necessary? Was there 
any difficulty in getting the states to ratify? Why? Name the 
last states to ratify? 

10. Explain how powers were divided between the states and 
the national government. 

1 1 . What is the preamble? How does it show the difference be- 
tween the government under the Articles of Confederation and under 
the Constitution? Quote the preamble. Explain its three parts. 

12. Name and explain the three departments of government 
provided by the Constitution. Compare with the Articles of Con- 
federation. 

13. What does Webster say of this division into three depart- 
ments? 



THE LEGISLATIVE DEPARTMENT 

CHAPTER XVII 
THE TWO HOUSES OF CONGRESS 

ARTICLE I 

Section I. All legislative powers herein granted shall 
be vested in a Congress of the United States, which shall 
consist of a Senate and a House of Representatives. 

The Legislatures of most English speaking countries 
have consisted of two houses. The great argument in 
favor of this arrangement is that one will check and 
balance the other, and matters coming before them will 
receive more thorough consideration than if there were 
but one house. Our Congress consists of a Senate to 
represent the states, and a House of Representatives to 
represent the people. They are often called the upper 
and lower houses. 

Section H — i. The House of Representatives shall he 
composed of members chosen every second year by the people 
of the several States, and the electors in each State shall have 
the qualifications requisite for electors of the most numerous 
branch of the State Legislature. 

The Constitution, with the exception of the fifteenth 
amendment, leaves to the states the right to decide on the 
qualifications of their own voters (page m), but says 
that anyone who is a voter in any state may also vote for 
a representative in Congress. To make them more 
dependent on the will of the people representatives are 
elected for a term of only two years. 

184 



THE TWO HOUSES OF CONGRESS 185 



Section II — 2. No person shall he a Representative 
who shall not have attained to the age of twenty-five years, and 
been seven years a citizen of the United States, and who shall 
not, when elected, he an inhabitant of that State in which he 
shall he chosen. 

Each state divides itself into as many districts as the 
number of representatives to which it is entitled. Each 
of these is called a congressional district. Kansas has 
eight such districts. 

The Constitution does not say that a representative 
must be a resident of the congressional district from which 
he is elected, but the people almost always choose a man 
from their own district. 

Sectiqn II — 3. Representatives and direct taxes shall 
be apportioned among the several States which may be in- 
cluded within this Union, according to their respective num- 
bers, which shall be determined by adding to the whole number 
of free persons, including those bound to service for a term 
of years, and excluding Indians not taxed, three- fifths of all 
other persons. The actual enumeration shall he made within 
three years after the first meeting of the Congress of the 
United States, and within every subsequent term of ten years, 
in such manner as they shall by law direct. The number of 
Representatives shall not exceed one for every thirty thousand, 
but each State shall have at least one Representative, and 
until such enumeration shall be made, the State of New 
Hampshire shall be entitled to choose three; Massachusetts, 
eight; Rhode Island and Providence Plantations, one; 
Connecticut, five; New York, six; New Jersey, four; 
Pennsylvania, eight;, Delaware, one; Maryland, six; 
Virginia, ten; North Carolina, five; South Carolina, five; 
and Georgia, three. 

''Three-fifths of all other persons" meant the slaves, 
but since the Civil War this clause has been void. 



186 CIVICS AND CITIZENSHIP 

The Constitution stated the number of representatives 
to be allowed each state until such time as the first census 
should be taken, which must be done within three years 
of the first meeting of Congress. The enumeration was 
made in 1790, and again every ten years since that time. 
This enumeration is called the census. 

The first Congress consisted of sixty-five members, and 
after the first apportionment there were 105 members, 
one for each 33,000 of population. The apportionment 
following the census of 1900 provided for 391 members, 
one for every 194,182 of the population. Under the next 
apportionment which goes into effect on the third day of 
March, 19 13, there will be 435 members. Kansas will 
still have eight members. 

Alaska, Hawaii, Philippines, and Porto Rico, have terri- 
torial delegates or agents. These delegates may speak on 
matters concerning their own territories, but may not vote. 

Section II — 4. When vacancies happen in the repre- 
sentation from any state, the executive authority thereof shall 
issue writs of election to fill such vacancies. 

When a vacancy occurs in the representation from any 
state, the governor calls a special election in that district, 
to choose a representative to fill the vacancy during the 
unexpired term. 

Section II — 5. The House of Representatives shall 
choose their Speaker and other officers, and shall have the 
sole power of impeachment. 

The House elects its own officers. They are a Speaker, 
who is a member of the House and presides over its ses- 
sions, and a clerk, a sergeant-at-arms, a chaplain, a post- 
master, a librarian, a doorkeeper, and their assistants, 
none of whom are members. 

Section III — i. The Senate of the United States shall 
he composed of two Senators from each State, chosen hy the 



THE TWO HOUSES OF CONGRESS 187 



legislature thereof, for six years; and each Senator shall have 
one vote. 

The Senate is a much smaller body than the House of 
Representatives, there being only two members from each 
state. There are now forty-eight states and the Senate is 
composed of ninety-six members. 

Since the senators represent the states they are chosen 
by the legislatures of the states, and are, as a rule, always 
of that political party which has a majority in the legis- 
lature. Sometimes, however, the majority can not agree 
and days and days will be occupied with the election of a 
senator, thus interfering with the regular legislative busi- 
ness. Because of this, and because of a widespread feeling 
that the legislatures do not always express the wishes of 
the people in their choice of senators, ther.e has been, for 
a number of years, a growing demand for the election of 
senators by popular vote. 

Finally, several of the states, including Kansas, passed 
laws providing that the people may express their 
preference for United States senators at the primary 
election. 

Kansas, however, was not satisfied with this measure, 
and, in 191 1, further provided that candidates for the 
Legislature print one of two statements on their nomina- 
tion petitions. The statements provide in substance that: 

(i) He will vote for the candidate for the United States 
Senate who receives the majority of the people's votes at 
the primary election. Or, — 

(2) He will follow his own choice in voting for a United 
States senator. 

This is called the Senatorial Pledge, and practically 
means the popular election of senators in Kansas. This 
system originated in Oregon. 

A resolution providing for popular election of senators 



188 CIVICS AND CITIZENSHIP 

has been passed by both houses of Congress (May, 191 2) 
and is now before the states for ratification. It is being 
offered as the Seventeenth Amendment to the Consti- 
tution. 

Section III — 2. Immediately after they shall he 
assembled in consequence of the first election, they shall he 
divided as equally as may he, into three classes. The seats 
of the Senators of the first class shall he vacated at the expira- 
tion of the second year, of the second class at the expiration 
of the fourth year, and of the third class at the expiration of 
the sixth year, so that one third may he chosen every second 
year; and if vacancies happen hy resignation or otherwise, 
during the recess of the legislature of any State, the Executive 
thereof may make temporary appointments until the next 
meeting of the legislature, which shall then fill such vacancies. 

The division of the members of the first senate into three 
classes, was made so that at any election not more than 
one-third of the senators may be new members. In this 
way a majority of them are always men of experience in 
the work and the Senate is a permanent body. It was 
thought that this would make the Senate more wise and 
careful; less liable to be hasty in its actions, or to be 
carried away by new and untried schemes. This is one 
of the means by which the Senate is clothed with more 
dignity than the House, for there is nothing in the Consti- 
tution to prevent the House from being made up entirely 
of new members after each election. As a matter of fact, 
however, there is always a number of representatives who 
have been reelected several times, a circumstance which 
really makes the House a continuous body also. 

Section III — 3. No person shall he a Senator who shall 
not have attained to the age of thirty years, and heen nine years 
a citizen of the United States, and who shall not, when elected, 
he an inhabitant of that state for which he shall he chosen. 



THE TWO HOUSES OF CONGRESS 189 

It will be noted that the qualifications of a senator are 
higher than those of a representative. 

Section III — 4. The Vice-President of the United 
States shall be President of the Senate, hut shall have no vote, 
unless they he equally divided. 

The Vice-President of the United States presides over 
the Senate, but not being a member he cannot take part 
in the debates nor can he vote except in case of a tie. 
Unlike the Speaker of the House, he has no direct power 
over legislation. 

Section III — 5. The Senate shall choose their other 
officers and also a president pro tempore, in the absence of 
the Vice-President, or when he shall exercise the office of 
President of the United States. 

The Senate elects a president pro tempore from among 
its own members, to preside in the absence of the Vice- 
President, or in case he should become President. The 
president pro tempore is a senator and therefore votes as 
any other member. The other ofhcers of the Senate are 
about the same as those of the House and none of them are 
members. 

Section III — 6. The Senate shall have the sole power 
to try all impeachments. When sitting for that purpose, 
they shall he on oath or affirmation. When the President 
of the United States is tried, the Chief Justice shall preside; 
and no person shall be convicted without the concurrence 
of two-thirds of the members present. 

An impeachment means a charge or an accusation of 
misbehavior against a pubhc ofhcer. The House of 
Representatives has the sole power to impeach, and the 
Senate the sole power to try impeachments. When the 
House impeaches an officer and the matter is brought 
before the Senate, the Senators take a special oath for the 
occasion, and then try the case in much the same manner 



190 CIVICS AND CITIZENSHIP 

as it would be tried in a court. In order to be more certain 
of not doing an innocent person an injustice, a two-thirds 
vote is necessary to convict. 

The Vice-President presides in all cases except when the 
President is being tried. If the President were removed 
the Vice-President would succeed to the office and for 
that reason he might be tempted to be unfair. Only one 
President, Andrew Johnson, has ever been impeached, 
but he was acquitted by the Senate. There have been only 
six other cases of impeachment. (May, 191 2). 

Section III — 7. Judgment in cases of impeachment 
shall not extend further than to removal from office, and dis- 
qualification to hold and enjoy any office of honor, trust, or 
profit, under the United States ; hut the party convicted shall 
nevertheless he liable and subject to indictment, trial, judg- 
ment and punishment, according to law. 

Sentence in case of impeachment means removal from 
office and possibly disqualification to hold any other office 
under the United States, but if the offense committed is 
one punishable by law the offender may afterwards be tried 
and punished in a court the same as any private citizen. 

Section IV — i. The times, places, and manner of 
holding elections for Senators and Representatives shall be 
prescribed in each state by the legislature thereof; but the 
Congress may, at any time, by law, make or alter such regu- 
lations, except as to the places of choosing Senators. 

Congress has designated the first Tuesday after the first 
Monday in November as the date for the election of 
representatives. Kansas selected the same date for the 
election of state and county officers. 

Section IV — 2. The Congress shall assemble at least 
once in every year, and such meetings shall be on the first 
Monday in December, unless they sJtall by law appoint a 
diferent day. 



THE TWO HOUSES OF CONGRESS 191 

Congress must have at least one session a year beginning 
on the first Monday in December. The session following 
election cannot hold longer than until the following fourth 
of March when the new members take their office. This 
is called the short session. The next session may continue 
a whole year if desired, closing only in time to begin again 
the following December. However, it usually closes about 
July. It is called the long session. An extra session of 
Congress called a "special session" may be called by the 
President, whenever he deems it advisable. 

Since all representatives and one-third of the senators 
are elected each two years, this period is called a congress, 
and is referred to by numbers. Each congress includes 
all of the sessions, regular and special, from March 4th 
in one odd year, to March 4th in the next odd year. 
The Congress that convened in December, 191 1, was the 
first regular session or the long session of the sixty- 
second Congress. 

Section V — i. Each house shall he the judge of the 
elections, returns, and qualifications of its own members, 
and a majority of each shall constitute a quorum to do busi- 
ness, but a smaller number may adjourn from day to day, 
and may be authorized to compel the attendance of absent 
members in such manner and under such penalties as each 
house may provide. 

There is often a contest between opposing candidates 
as to which is legally elected to a seat in Congress. There 
must be an authority to settle such disputed cases and 
it was thought best to leave this matter to each house. 

A Quorum means a sufficient number to transact busi- 
ness, and in each house this number is a majority of all 
the members of that house. If no provision had been made 
it might easily happen that day after day would be lost 
because fewer than a majority were present, or a number 



192 CIVICS AND CITIZENSHIP 

of members could purposely absent themselves and pre- 
vent legislation. For these reasons fewer than a majority 
can compel the attendance of absent members. This is 
done by sending the sergeant-at-arms to bring in members 
who have not a sufficient excuse for their absence. 

Section V — 2. Each house may determine the rules 
of its proceedings, punish its members for disorderly behavior, 
and with the concurrence of two-thirds , expel a member. 

It is usual for any assembly to have the right to make 
its own rules and also the right to punish those who 
disregard them. In Congress punishment for disorderly 
conduct is rare, and even for very serious offenses is only 
a reprimand. Expulsion occurs but seldom. 

Section V — 3. Each house shall keep a journal of its 
proceedings, and from time to time publish the same, except- 
ing such parts as may in their judgment require secrecy, and 
the yeas and nays of the members of either house on any 
question, shall, at the desire of one-fifth of those present, be 
entered on the journal. 

Congress transacts business for the people, and if the 
people are to know whether it is done satisfactorily, they 
must keep themselves informed on the work of Congress. 
Publicity is provided for by the journal which is published 
from time to time, and by the Congressional Record, 
which is published daily. 

While these means of information are provided by the 
Government, the usual way in which people learn of the 
proceedings of Congress is by reading the newspapers. 
Every effort should be made to secure papers that are 
fair and that consider both sides of questions. Too many 
of the newspapers are prejudiced in their views. They 
are partisan; that is, their opinions on public questions 
are not based on good judgment but on loyalty to their 
political parties. 



THE TWO HOUSES OF CONGRESS 193 



Whenever one-fifth of the members present in either 
House desire it, a record must be made of the votes of the 
members on any question. The object of this is to show 
the people how each member stands on this particular 
question, and it also shows what members are absent. 
This is very important, because sometimes members 
absent themselves, to avoid the responsibility of voting. 

Section V — 4. Neither House, during the session of 
Congress, shall, without the consent of the other, adjourn for 
more than three days, nor to any other place, than that in 
which the two Houses shall he sitting. 

Section VI — i. The Senators and representatives shall 
receive a compensation for their services, to he ascertained 
hy law and paid out of the treasury of the United States. 
They shall, in all cases except treason, felony and hreach 
■of the peace, he privileged from arrest during their attendance 
at the session of their respective houses, and in going to and 
returning from the same; and for any speech or debate in 
either house, they shall not he questioned in any other place. 

In England members of Parliament serve without pay, 
but the Constitutional Convention decided that a salary 
should be given our Congressman so that it would not be 
impossible for a poor man to serve in this capacity. 

The amount is to be ascertained by law, and since 
Congress makes the laws, that means that Congress 
determines the salaries of its own members. At first the 
amount allowed was six dollars a day and thirty cents 
mileage. It has been increased a number of times until 
it is now $7500 a year with twenty cents mileage, and 
$125 a year for stationery. 

The ''franking privilege" gives them the right to send 
official matter through the mails without payment of 
postage. 

Freedom from arrest except for crime, was provided in 



194 CIVICS AND CITIZENSHIP 

order that people might not be deprived of the services of 
their congressmen. Were it not for this provision, poHti- 
cal enemies might cause the arrest of members at times 
when their absence would be of benefit to the opposing 
party, by giving it opportunity to pass certain laws in its 
own interests. 

The clause, ' ' they shall not be questioned in any other 
place," means that they shall not be held responsible out 
of Congress for words spoken in Congress. This was done 
in order to encourage freedom in debate. 

Section VI — 2. No Senator or Representative shall, 
during the time for which he was elected, he appointed to 
any civil office under the authority of the United States, 
which shall have been created, or the emoluments whereof 
shall have been increased, during such time; and no person 
holding any office under the United States shall be a member 
of either house during his continuance in office. 

If a new office is created, or the salary attached to any 
existing office is raised, no person who is a member of 
either House at the time that this is done, may, during 
the time for which he was elected, be appointed to such 
office. This was provided to prevent selfish motives in 
creating offices or increasing salaries. 

This clause was recently applied in the case of Mr. 
Knox who was appointed Secretary of State by President 
Taft. He could not be paid the regular salary of $12,000 
because he was a member of Congress when the salary 
of cabinet officers was raised. The former salary of $8000 
was all he could be given. 



THE TWO HOUSES OF CONGRESS 195 



OUTLINE OF THE SENATE AND THE HOUSE 



Minimum Age . 
Minimum Citizenship 
Apportionment . 
Present Number 
Elected by . 
Term of Office . 
Vacancy filled . 



Salary . 
Impeachment . 
Presiding officer 



Senators 
Thirty Years 
Nine Years . 
Two from each State 
96 ..... 
State Legislature 
Six Years 
By Legislature, or 

temporarily by 

Governor. 
$7,500 .... 
To try impeachment 
Vice President . 



Representatives 

Twenty-five Years 

Seven Years, 

By population. 

(1912, 393, (1913) 435 

Voters. 

Two Years. 

New Election. 



$7,500 

To impeach. 

Speaker. 



QUESTIONS 

1. Quote Section I, Article I of the Constitution. Why were 
two houses provided? Give the names of the houses. 

2. For how long a term are representatives chosen? Who may 
vote for representatives? Give the three qualifications of a repre- 
sentative. 

3. What is a Congressional district? How many such districts 
in Kansas? In which district do you live? Who is your repre- 
sentative in Congress? 

4. What is meant by the "census?" How often is it taken? 
When was the first one? The last one? How many members in 
the first Congress? How many members now? Give the date of 
the apportionment based on the latest census. Was the Kansas 
apportionment changed? 

5. What is a territorial delegate? What powers has he? What 
territories have such delegates at present? 

6. How is a vacancy in the House of Representatives filled? 
What is meant by the "executive authority? " 

7. Name the officers of the House. How do they get their 
positions? How many of them are members? 

8. How many senators from each state? What is the total 
number of senators at present? How are senators chosen? Why? 
Is there any objection to this method of election? Why? Discuss 



196 CIVICS AND CITIZENSHIP 

the demand for election of senators by popular vote. What has 
Kansas done to secure such election? What is the proposed Seven- 
teenth Amendment? 

9. Explain why the Senate may not be composed wholly of 
new members. Why was this done? Is there any such provision 
for the House? Is the House often composed entirely of new 
members? 

10. Give the three qualifications of a senator. Compare them 
with those of a representative. 

11. Who presides over the Senate? Compare his powers with 
those of the Speaker of the House. Who would preside over the 
Senate in case the Vice President is absent or in case he becomes 
President? Is there any difference between the powers of the 
Vice President and the President pro tempore} Name the other 
officers of the Senate. Compare with those of the House. 

12. What is an "impeachment?" Explain the difference 
between the powers of the House and the Senate regarding impeach- 
ment. Discuss punishment for impeachment. 

13. On what date are national representatives elected? Is this 
the same date as the regular election in Kansas? 

14. How often is there a session of Congress? When does it 
meet? Explain the long and short sessions. Which session comes 
this year? What is a "special" session? By whom called? What 
is meant by a "congress?" 

15. If two men claim to have been elected to the same seat in 
Congress how would the question be settled? 

16. What is a quorum? What can be done when there are not 
enough members present to make a quorum? 

17. How may the people learn what is being done in Congress? 
Should they keep informed? Why? Discuss the reading of the 
newspapers. Discuss the recording of votes. 

18. Discuss the pay received by congressmen. How is it 
determined? What is the "franking" privilege? 

19. Discuss the relation of congressmen to offices which they 
create or of which they increase the salaries. 



CHAPTER XVIII 
THE METHOD OF PASSING LAWS 

ARTICLE I 

Section VII — i. All bills for raising revenue shall 
originate in the House of Representatives', but the Senate 
may propose or concur with amendments as on other bills. 

All bills by which money is raised for the Government, 
either by direct or indirect taxation, must originate in 
the House of Representatives and never in the Senate. 
As the people pay the taxes, it was considered just that 
the house which more directly represents them should 
be made the one to propose such laws. As a matter of 
fact, the Senate usually amends appropriation bills and 
in this way exercises considerable authority in matters of 
revenue. 

In Parliament, the bills for raising revenue originate 
in the House of Commons. 

Section VII — 2. Every bill which shall have passed 
the House of Representatives and the Senate, shall, before 
it become a law, be presented to the President of the United 
States', if he approve he shall sign it, but if not he shall 
return it with his objections to that house in which it shall 
have originated, who shall enter the objections at large on 
their journal, and proceed to reconsider it. If after such 
reconsideration two-thirds of that house shall agree to pass 
the bill, it shall be sent, together with the objections, to the 
other house, by which it shall likewise be reconsidered, and, 
if approved by two-thirds of that house, it shall become a 
law. But in all such cases the votes of both houses shall be 

197 



198 . CIVICS AND CITIZENSHIP 

determined by yeas and nays, and the names of the persons 
voting for and against the bill shall be entered on the journal 
of each house respectively. If any bill shall not be returned 
by the President within ten days {Sundays excepted) after 
it shall have been presented to him, the same shall be a law, 
in like manner as if he had signed it, unless the Congress 
by their adjournment prevent its return, in which i:ase it 
shall not be a law. 

Section VII — 3. Every order, resolution, or vote to 
which the concurrence of the Senate and House of Represen- 
tatives may be necessary (except on a question of adjourn- 
ment) shall be presented to the President of the United 
States', and before the same shall take effect, shall be ap- 
proved by him, or being disapproved by him shall be repassed 
by two-thirds of the Senate and House of Representatives, 
according to the rules and limitations prescribed in the case 
of a bill. 

Passing a Law. — All other than revenue bills may origi- 
nate in either house. Any member may introduce a bill. 
The laws are made in a uniform manner and we may get 
an idea of the process by following the general course of 
a single bill introduced by a representative. 

The Introduction of a bill means that the member gets 
the recognition of the chair, states that his purpose is to 
introduce a bill of which he reads the title, then sends it 
to the Speaker's desk by a messenger called a page. 

The Speaker decides to which committee it shall be sent. 

The Committee then proceeds at its convenience to 
consider the bill, and if favorable it reports its decision to 
the House. 

The Printing of the bill is the next step and a copy is 
given to each member. 

First and Second Readings. — The Clerk then reads the 
bill to the House, twice, by title only, on separate days, or 



THE METHOD OF PASSING LAWS 199 



if the House wishes, on the same day. If a single member 
objects, however, the reading must be on separate days. 

Debate and Amendment follow the second reading, if 
the House so desires. 

The Third Reading, which is in full, may be on the same 
day as the others if no member objects. 

Voting. — After the third reading, the question is voted 
upon. If the bill passes the House the Clerk then takes 
it to the Senate. 

In the Senate it follows nearly the same course as in 
the House. If it passes the Senate it is then taken to the 
President who may either sign it or veto it. But if it is 
amended by the Senate it must be sent back to the House. 

The House then debates the amendments, and if it 
adopts them, the bill, as amended and passed by both 
houses, is sent to the President. If the House does not 
accept the amended bill it is often sent to a ''conference 
committee" made up of members from each house and 
an agreement is thus often reached. 

The President, if he approves it, signs it, and the bill 
becomes a law. But if the President does not approve 
the bill, he returns it to the House where it originated, 
with a message stating his reasons for not signing it. 
This act is called a veto. 

The House may now reconsider the bill and if two-thirds 
of the members vote for its passage it is sent to the Senate. 
If the Senate also passes it by a two-thirds vote it becomes 
a law. The President's veto causes a bill to be recon- 
sidered and is for this reason a check on hasty legislation. 

Return of Bill Within Ten Days. — If the President does 
not return a bill within ten days, Sundays excepted, after it 
is presented to him, it becomes a law without his signature, 
unless Congress in the meantime adjourns, and thus pre- 
vents its return. In such a case it does not become a law. 



200 CIVICS AND CITIZENSHIP 

The President may cause a bill to fail of passage by 
neither signing nor vetoing it during the last ten days of a 
session, because at the end of the session all legislation that 
is not complete dies. This has been called the pocket-veto. 

Summary. — The three ways in which a bill may become 
a law, may be stated briefly as follows : 

1. It receives a majority of votes in both houses and 
is signed by the President. 

2. It receives a majority of votes in both houses, is 
vetoed by the President and is repassed by two-thirds 
of both houses. 

3. It receives a majority of votes in both houses and 
is not signed or returned by the President within ten days, 
Sundays excepted, unless Congress adjourns within the 
ten days. 

Government by Committees. — The real work of legis- 
lation is done in committees. It has been found impossi- 
ble for Congress to accomplish the enormous amount of 
work necessary to be done without some subdivision of 
labor, and so the committee system was established and 
has grown until now it is as a committeeman that a mem- 
ber does most of his effective work. Hundreds of bills 
are referred to a single committee during a session, and 
the important committees on Commerce, Public Lands, 
Manufactures, Pensions, War, Navy, Rivers and Harbors, 
Foreign Affairs, and the House Committee on Ways and 
Means, spend a great deal of time and work on their bills. 

The committees are given almost unlimited power over 
the bills that are referred to them. They may listen to 
the author of a bill on its merits, or to the arguments of 
citizens, or examine the subject in their own way; they 
may report back favorably or unfavorably, or with amend- 
ments, or substitute new bills, or pay no attention to them 
whatever. 



THE METHOD OF PASSING LAWS 201 



In both houses the committees exercise great power over 
the course of legislation, and the fate of any bill depends 
almost entirely on the committee to which it is referred. 

Debate in both houses is chiefly discussion of the reports 
of committees and has very little effect on the fate of any 
measure. Usually many of the members are in the com- 
mittee rooms and the others are busy at their desks and 
as a rule but little attention is paid to any speaker. This 
is especially true in the House. Most of the speeches are 
made to be printed so they may be read by the Con- 
gressman's constituents at home. In late years a custom 
has grown up of having speeches that were never deliv- 
ered at all written out and printed. 

The Speaker. — The Vice-President and the '^president 
pro tempore^^ of the Senate have no special power through 
their office but simply preside over the Senate. But the 
Speaker of the House has come to be second in political 
power and dignity only to the President of the United 
States. He is chosen from among the members of the 
House and votes as any other member. He is always 
elected from the political party which has a majority 
in the House. He is generally recognized as a party leader 
and his power has grown remarkably great, but very 
recently some of his privileges have been taken from him. 
Among the privileges which he' has possessed, the follow- 
ing are the most important: 

(i) To appoint all committees. Since the committee 
work is so important and the members are all eager for 
these appointments, the man who makes them wields a 
great deal of power, for by his selection of men on any 
particular committee, he can often determine the fate of 
an important bill referred to that committee. In the 
62nd Congress, however, the committees were chosen by 
the House. 



202 CIVICS AND CITIZENSHIP 

(2) To assign the bills to the different committees. 
This gives him the opportunity to select for any par- 
ticular bill the committee most in sympathy with his 
own views. 

(3) To decide what member is entitled to the floor. 
No motion can be introduced, no bill reported, no speech 
made, by any member, unless he is recognized by the 
Chair, and through this power of the Speaker it has 
become necessary for any member who wishes recognition 
for any purpose, to make such arrangements with the 
Speaker beforehand. 

(4) To state and put questions, and to decide points 
of order. 

At one time, he not only appointed all legislative com- 
mittees, but he appointed the Committee on Rules, of 
which he was chairman, and which controls legislation 
by arranging the daily routine of business in the House. 
From time to time there had been outbreaks of rebellion 
against the power of the Speaker, and finally on March 
19, 1 9 10, the rebellious members, known as Insurgents, 
succeeded in passing the following resolution: 

' ' There shall be a Committee on Rules, elected by the 
House, consisting of ten members, six of whom shall be 
members of the majority party, and four of whom shall be 
members of the minority party. The Speaker shall not 
be a member of the committee, and the committee shall 
elect its own chairman from its own members." 

This has taken from the Speaker much of his former 
power. 

Voting. — There are different methods of voting. Fol- 
lowing one method, the Speaker puts the question to the 
House, by asking all those in favor of the bill to say 
^' Aye/' and afterward all those opposed, to say *' No.'' 
Then he decides by sound which side receives the most 



THE METHOD OF PASSING LAWS 203 



votes. But unless there is a very decided difference 
between the two sides this is an uncertain method. 

Another, is the rising vote by which each side stands 
and is counted. 

If on any vote, one-fifth of the members desire it, the 
roll must be called and the yeas and nays recorded. This 
is a wholesome provision since it causes congressmen to 
consider very carefully how they cast a vote that is to be 
recorded and pubHshed. On the other hand, it is often 
used by a minority to postpone consideration of some 
bill which they wish to defeat. Used in this way it is a 
source of loss, for much time is consumed in calHng the 
roll of the House with its membership of over four hun- 
dred. 

Lobbying. — As the public is not admitted to the floor 
of either house, but only to the galleries, whenever any 
person wishes to speak to a member he must send a request 
to that member to come out into the halls, or lobbies, as 
they are called. Many of these interviews are for the 
purpose of influencing the votes of the members. It is 
right and honorable for people to give the legislators the 
benefit of their knowledge on the subject matter of any 
bill, but so frequently has this privilege been abused by 
those who have used money, or other dishonorable means 
to influence the law-makers, that the word ''lobby" has 
come to be often used in a bad sense. 

Log-Roiling. — Whenever a member votes for another 
member's pet measure, in order to get that member to 
vote for his especial bill, the arrangement is called "log- 
rolling." It is a process that does not tend to produce the 
best legislation. Both lobbying and log-rolHng are large 
factors in shaping the work of Congress. 

The President and Legislation. — There are many ways 
in which the President may influence legislation. He is 



204 CIVICS AND CITIZENSHIP 

usually a recognized party leader and is constantly giving 
his views on public questions, and urging the passage or 
defeat of certain measures. Nearly every President has 
strong friends in both Houses, who are ready to follow 
his suggestions, defend his measures, and urge his bills 
and amendments. His power of patronage, that is, his 
power to appoint a great many officers over the country, 
gives him considerable influence because the congressmen 
are deeply interested in the appointments within their 
own districts. Fear of the President's veto frequently 
causes the modification of bills to meet his objections, for 
the passage of a bill over his veto occurs but seldom. 

Altogether, the influence cf the President in legislative 
matters is generally recognized to be of great importance. 

QUESTIONS 

1. What is meant by "bills for raising revenue?" Where must 
they originate? Why? 

2. Give the steps in the passage of a bill. Explain each. What 
is meant by the President's veto'^ What is its purpose? How 
long a time is given the President to pass upon a bill? What is 
the result if he does not return it during this time? What is a 
pocket-veto'^ 

3. Summarize the three ways in which a bill may become a law. 

4. Explain the necessity for committee work in Congress. Name 
some important committees. Discuss the power of the committees 
over bills referred to them. 

5. Discuss the purpose and importance of debate in Congress. 

6. Compare the power of the presiding officers of the two 
houses. Discuss the power of the Speaker. Is it now greater or 
less than a few years ago? Who is the present Speaker? To 
which political party does he belong? 

7. Discuss methods of voting. Discuss the recording of votes. 

8. What is meant by lobbying? Explain its good and bad 
features. 

9. Explain the meaning of log-rolling. 

10. Discuss the influence of the President over legislatioa. 



CHAPTER XIX 
THE POWERS OF CONGRESS 

ARTICLE I 

The preceding sections deal with the nature of the two 
houses of Congress, and their separate powers. We have 
now come to the section that enumerates the general pow- 
ers of Congress; that gives in its eighteen clauses a definite 
statement of the scope of Congressional authority. Turn 
to the Constitution, page 279, and read Section VIII. 
All of the clauses depend upon the statement, "The 
Congress shall have power." Each of the clauses will now 
be discussed. 

Section VIII — i. To lay and collect taxes ^ duties, 
imposts, and excises, to pay the debts and provide for the 
common defense and general welfare of the United States; 
but all duties, imposts and excises shall be uniform through- 
out the United States. 

The national taxing power is a very important one, for 
revenue is just as essential for carrying on the National 
Government as it is for the state and local governments. 
Review Taxation, page 124. As we have seen, taxes are 
of two general kinds, direct and indirect. 

Direct Taxes. — The word taxes, as used in the Consti- 
tution, means direct taxes, while duties, imposts and 
excises are indirect taxes. Poll taxes, taxes on land and 
personal property, and income taxes, are all direct, and 
have not been found a satisfactory source of revenue for 
the Nation. They have been levied only a few times by 
our National Government, and then only because of great 

205 



206 CIVICS AND CITIZENSHIP 

financial need, as during the Civil War, when taxes were 
placed on almost everything that could be made to yield 
revenue, in order to pay the enormous expenses of the 
war. After the war they were gradually repealed. As 
we have seen, the states and all local governments levy 
direct taxes, but the United States derives its income 
almost entirely from duties on imports and from internal 
revenue. 

Indirect Taxes. — Close distinctions cannot be made 
between duties, imposts, and excises, but in general, duties 
are levied on imported goods; imposts, used in a broad 
sense, means about the same as duties; and excises are 
taxes laid on goods manufactured and used within the 
country, as liquors, tobacco, snuff, opium, oleomargarine, 
etc. Money paid for a license for carrying on any kind of 
business is also an excise tax. Most excises are paid by 
the purchase from the government of stamps, which are 
placed on the article in such a way that the opening of the 
package will destroy the stamp. Money raised in this 
way is called internal revenue. 

Duties. — Duties, frequently called customs, are taxes 
levied on goods brought into the United States from 
foreign countries. They supply fully half of our Nation's 
revenue. 

The Tariff. — The tariff is a list, fixed by Congress, of 
the duties charged on different articles. Only about half 
of the articles brought into the United States are subject 
to duty; the others are on the ''free list." Most of the 
dutiable goods are those that come into competition with 
the products of American factories. 

If a merchant buys a watch in Germany for twenty 
dollars, and pays a 40 per cent duty amounting to eight 
dollars, then sells it at a profit of seven dollars, the total 
cost to the buyer would be thirty-five dollars. In this 



THE POWERS OF CONGRESS 207 

way the buyer really pays the duty and in so doing, pays 
to the Government eight dollars of indirect taxes. 

Protective Tarif. — If the duty on the watch had been 
so high that the buyer could have purchased for less 
money, a watch just as good, that had been manufactured 
in our own country, the merchant would have found it 
improfit.able to import watches. This would encourage 
the manufacture of watches in this country. Such a tariff 
is called protective^ because it protects our own industries 
from foreign competition. 

Revenue Tariff. — If the tariff on watches were just 
high enough that it would be profitable to import them, 
so many would be brought in, that the Government would 
receive a great deal of money from the duty. Such a rate 
would be a revenue tariff. 

Smuggling is avoiding the payment of duties by con- 
cealing the goods or landing them secretly. So much of 
this has been done that great care is exercised by the 
custom officers to prevent it. All suspected persons are 
searched, baggage is examined, and if any one is detected 
in the act of smuggling, his goods are forfeited to the 
Government, and he is subject to fine or imprisonment. 

Reciprocity between countries is an agreement for each 
one to let in certain products from the other without duty 
or at reduced rates. 

Uniformity of Taxation. — The tariff rates must be the 
same at all ports; New York may not admit any article 
at a lower rate than is charged at San Francisco, nor can 
an excise stamp for tobacco cost more in Maine than in 
Texas. Indirect taxation must be uniform. 

Section VIII — 2. To borrow money on the credit of 
the United States, Congress may borrow money on the 
credit of the United States. The ordinary expenses may 
be met by taxation, but if an unexpected need for money 



208 CIVICS AND CITIZENSHIP 

should arise, this method would be too slow. One way 
in which Congress borrows money is to sell bonds, and 
the credit of the United States is so good that people both 
here and abroad are anxious to secure the bonds as an 
investment although the rate of interest is low. 

Another method is to issue treasury notes which are 
used as money. They are accepted at face value jDecause 
the Government will redeem them in gold whenever they 
are presented. Most nations have a large public debt. 

Section VIII — 3. To regulate commerce with foreign 
nations, and among the several States, and with the Indian 
tribes. 

Commerce is the exchange of merchandise between 
different places or communities, or between different 
nations. 

No state may charge import duties; these are all col- 
lected by the National Government. No state may refuse 
to admit the products of another state, or levy duties on 
them. Trade between the people of the United States 
must be free. Interstate commerce is carried on very 
largely by the railroads. This was discussed on pages 
99-103. 

Section VIII — 4. To establish a uniform rule of nat- 
uralization, and uniform laws on the subject of bankruptcies 
throughout the United States. 

Naturalization. — The definition of a citizen is given 
in the fourteenth amendment: *'A11 persons born or 
naturalized in the United States and subject to the juris- 
diction thereof, are citizens of the United States and of 
the states wherein they reside." 

There are two classes of citizens; those who were born 
in this country and those who have been naturalized. 
Any child of American parents is a citizen whether he is 
born in this country or abroad, and any child bom in this 



THE POWERS OF CONGRESS 209 



country, of foreign parents is a citizen. Review pages 
109— III. 

Naturalization is the legal process by which the rights, 
privileges, and duties of the citizen are conferred upon a 
foreigner. No alien can be compelled to become a citizen, 
but if he wishes he may become one in the following 
manner-: 

(i) He must make application by declaring his inten- 
tion before a court to become a citizen of the United 
States, and to renounce all allegiance to any other govern- 
ment. He is then given his *' first papers." 

(2) This declaration of intention must be made at least 
two years before the final steps are taken. 

(3) He must prove by witnesses before the court that 
he has resided in this country at least five years, and in 
the state or territory where the court is held at least one 
year, and that he is of good moral character. He must 
take oath that he will support the Constitution and 
absolutely give up all allegiance to any foreign ruler or 
country. He must also give up any title of nobility that 
he may have. 

(4) He then receives a certificate stating that he is a 
citizen of the United States. His wife, and children under 
twenty-one years of age, also become citizens. 

An alien woman becomes a citizen on marrying a man 
who is a citizen. 

A soldier who is twenty-one years old, and has served 
one year in the army or navy and received an honorable 
discharge, may take an oath of allegiance and become a 
citizen. 

Naturalization is denied to Chinese but their children 
born in this country may be citizens if they so desire. 

Bankruptcy. — When a person is unable to pay his debts 
he is bankrupt, and a law dividing his property propor- 



210 CIVICS AND CITIZENSHIP 

tionally among his creditors and freeing him from all legal 
obligations to make any further payment, is a bankrupt 
law. We have such a law at the present time. 

Section VIII — 5. To coin money, regulate the value 
thereof, and of foreign coin, and fix the standard of weights 
and measures. 

Coinage of Money. — In every country the coinage of 
money is an exclusive privilege of the government. This 
is necessary in order that the money may have a uniform 
value in all parts of the country. The power is here given 
to Congress. Congress not only coins and regulates the 
value of our own money but determines how much foreign 
coins are worth in our money. We have two kinds of 
money, coin and paper. 

Coin. — The coin is made at the United States mints, of 
which there are five, located at Philadelphia, Denver, New 
Orleans, Carson City, and San Francisco. The gold coins 
are the double eagle, eagle, half -eagle, and quarter-eagle. 
The silver coins are the dollar, half dollar, quarter dollar 
and dime. The only other coins are the five cent piece 
made of nickel, and the one cent piece made of bronze. 

Paper Money is chiefly of three kinds: United States 
Treasury notes, gold and silver certificates, and National 
Bank notes. 

United States Treasury Notes, or ''greenbacks" as they 
are commonly called, were first issued during the Civil 
War, and were promissory notes with no definite time for 
payment, and no gold or silver in the treasury to pay them 
with, so they were not readily accepted. But later, in 
1879, Congress began redeeming them in coin, and since 
that time they pass as money at their face value. 

Gold and Silver Certificates represent the coin stored in 
the treasury of the United States, for which they can be 
exchanged at any time. 



THE POWERS OF CONGRESS 211 

National Bank Notes are paper money issued by the 
national banks and are secured by government bonds. 

Legal Tender is that kind of money which when offered 
or tendered in payment of a debt must be accepted. Legal 
tender money in payment of private debts consists of any 
gold coin, silver dollars and United States treasury notes 
to any amotmt; fractional silver coins to the amount of 
ten dollars; nickel and copper coins to the amount of 
twenty-five cents. 

Weights and Measures. — A full set of weights and 
measures has never been adopted by Congress. Some of 
the English standard weights and measures have been 
adopted, and others are used, and copies of these have been 
furnished the custom houses, the states and wherever else 
they are needed. In 1866 Congress legalized the metric 
system but it is little used except in scientific work. 

Section VIII — 6. To provide for the punishment of 
counterfeiting the securities and current coin of the United 
States. 

Counterfeiting coin or paper money or other securities 
of the United States is punishable by heavy fines and long 
terms of imprisonment. 

Section VIII — 7. To establish post-offices and post- 
roads. 

The Postal System.— The Postal System was left 
entirely with Congress, which has placed it under the 
management of the Postmaster-General who is a member 
of the President's Cabinet, and has working under him, 
a force of clerks, railway mail clerks, post-masters, letter 
(Carriers, rural mail carriers, etc., numbering over 150,000 
people, or more than the United States army and navy 
combined. 

Post-Roads. — Congress has not found it necessary, 
except in rare instances, to estabUsh post-roads, but has 



212 CIVICS AND CITIZENSHIP 

used the roads already established by the people. Most 
of the mail is transported by the railroads, but it is carried 
by all sorts of conveyances, steamers, stages, trolley lines, 
buggies, horsemen, and men on foot. Contracts are 
made by the Government with those who carry the mails. 
Special fast mail trains are run on transcontinental lines 
and between large cities. Mail is distributed on the trains 
at all hours of the day on all railways in order to hasten 
its delivery. 

Classes of Post-Offices. — The post-offices are classified 
according to the amount of business transacted. In 
offices of the first three classes the postmasters receive 
salaries varying from $1000 to $6000 a year, and are 
appointed by the President and the Senate, for a term of 
four years. The fourth-class postmasters are those who 
receive less than $1000 a year. They are nominally 
appointed by the Postmaster- General, but the appoint- 
ments are really made by the Congressmen from the states 
or districts in which the post-offices are located. They 
hold their positions at the pleasure of the Postmaster-Gen- 
eral, and receive a percentage on the income of the office. 

Classes of Mail. — There are four classes of mail, 
bearing different rates of postage. 

First Class mail consists of letters and all sealed matter. 
The rate is two cents an ounce or fraction thereof. Postal 
cards and drop letters, which are those letters delivered 
from the office where they are mailed, are exceptions, 
requiring but one cent of postage. 

Second Class. — Newspapers and periodicals or maga- 
zines, are second class matter, and cost one cent a pound. 
Because of the great benefit to the people of this kind of 
mail, it has been carried at this rate, which is much below 
cost, and has had much to do with producing the deficit 
in the post-office department. 



THE POWERS OF CONGRESS 213 

Third Class. — Books are carried at the rate of one cent 
for two ounces. Unsealed, circular letters also belong to 
this class. 

Fourth Class. — Merchandise costs one cent an ounce 
or fraction of an ounce. 

Unmailahle Matter. — The privileges of the postal 
system are denied to a number of kinds of mail, among the 
most important of which are: 

All immoral or abusive matter. 

Matter pertaining to lotteries, or other fraudulent 
enterprises. 

All matter harmful in its nature, as poisonous, explosive 
or inflammable articles. 

A dun for a debt may not be sent on a post card. 

The Early Postal System. — The postal system was 
handled by the government even during the Revolution, 
when it was managed by the Continental Congress, but 
the rates were high, only letters were carried, and de- 
livery was slow. Stamps were not used, and postage was 
not paid in advance until 1845. Previous to that time 
it cost i2>^ cents to send a letter 100 miles, and 25 cents 
to send it more than 450 miles. The present schedule 
of rates was adopted in 1883, and its great reduction in 
cost has caused the business to be many times increased. 

Important Features of the Postal System. — Additions 
are constantly being made to the services rendered by 
this important department of our Government. 

Certain post-offices may issue both domestic and inter- 
national money orders for a small charge. 

For ten cents, valuable letters and packages may be 
registered at the post-office, or by mail carriers. This 
makes it possible to trace a lost letter, for a record must 
be made of every registered package by every person 
through whose hands it passes. 



214 CIVICS AND CITIZENSHIP 

Free delivery is provided for cities of 10,000 or more 
inhabitants, or where the annual receipts are $10,000 or 
above. 

Rural Free Delivery is one of the most helpful and 
far-reaching in its results of all things undertaken by 
the postal department. 

When the name and address upon a letter cannot be 
deciphered, or when the person addressed cannot be found, 
the letter is returned to the sender if his name and address 
is on the envelope; if not, it is sent to the Dead Letter 
Office at Washington, where it is opened and returned to 
the sender if the name is given. 

The Postal Savings Bank. — The Government has 
recently established the Postal Savings System, which 
has long been in use in most European countries. It 
is for the purpose of providing a safe place of deposit for 
small sums, where they will bear interest. Any person 
of the age of ten years or over may open an account at 
his post-office with an amount as small as one dollar, and 
deposits of one dollar or more may be added whenever 
it is desired. This money bears two per cent interest. 
Because of the difficulty of making investments with 
small sums, the Postal Savings System is of great benefit 
to those who can save but little at a time. A great many 
of the depositors at these Savings Banks are boys and 
girls, who save from their earnings such tiny amounts 
as they can, and find themselves with a useful sum of 
money almost before they realize it. 

The Parcels Post. — The European nations have a Par- 
cels Post, permitting them to send packages of merchan- 
dise, eleven pounds or less, at very cheap rates. There has, 
for a number of years, been a considerable demand among 
the people of this country for the establishment of the Par- 
cels Post, and it is at the present time a very live question. 



THE POWERS OF CONGRESS 215 

The Financial Side. — The postal system is the only 
important business actually conducted by the Govern- 
ment. It is not carried on to make money, but to give the 
people the best service possible at the least cost. It has 
succeeded in this to a remarkable degree, for the service 
is very efficient, and the cost has not been enough in the 
past to make the system self-supporting. The year 191 1 
was the first time for twenty-seven years that the receipts 
amounted to as much as the expenditures. The deficit 
is charged to several sources; among them, exorbitant 
rates charged by the railroads for carrying the mails, 
the low rates on second class matter, and the enormous 
quantity of government publications, seeds, etc., sent 
out without any payment of postage. A number of 
changes are being made, among which is a provision that 
much of the second class matter must be carried by fast 
freight instead of express. No change of rates has been 
made on this class of mail because of its educational value. 

But whatever its defects, the fact remains, that the 
post-office system is an immense business, carried on with 
wonderful promptness and precision, and that it is one 
of the greatest forces of civilization. 

Section VIII — 8. To promote the progress of science 
and useful arts by securing for limited times to authors and 
inventors the exclusive right to their respective writings and 
discoveries. 

The protection of authors and inventors in the posses- 
sion of their works is just, and it makes it worth while 
for people to give their time and energy to such work, 
which in turn tends "to promote the progress of science 
and useful arts." 

Copyrights are issued to authors of books, maps, charts, 
dramatic and musical compositions, engravings, paintings, 
etc., giving them the exclusive right to make and sell the 



216 CIVICS AND CITIZENSHIP 

article copyrighted for a period of twenty-eight years, 
with the privilege of renewal for fourteen years. A copy- 
right is secured from the Librarian of Congress at a cost 
of one dollar. The International Copyright Act of 1891 
gives foreign authors the privilege of obtaining copyrights 
in this country provided that their governments accord 
the same right to American writers, and provided also 
that the works are actually printed in the United States. 

Patents secure to inventors the exclusive right to make 
and sell their inventions for a period of seventeen years. 
There is no provision for renewal, except by a special act 
of Congress. The applicant for a patent must take an 
oath that he believes himself to be the first inventor of 
the article, must file in the Patent Office at Washington a 
description of the invention, and must pay a fee of $15. 
If the patent is granted a second fee of $20 must be paid. 
Patents, like copyrights, may be bought and sold. 

The patent system of our country is probably more 
efficient than that of any other nation, and has so stimu- 
lated the inventive genius of our people that more than 
two-fifths of the world's inventions originate in the 
United States. The records of the Patent Office show that 
Thomas A. Edison has been granted over 700 patents, 
and many inventors have received more than 100 each. 

Section VIII — 9. To constitute tribunals inferior to 
the Supreme Court. 

This power will be considered later under the Judiciary. 

Section VIII — 10. To define and punish piracies and 
felonies committed on the high seas and offenses against the 
law of nations. 

Piracy on the high seas is much the same as robbery on 
the land. 

A Felony is a crime punishable by death or imprison- 
ment in a penitentiary, as murder or arson. 



THE POWERS OF CONGRESS 217 



The Law of Nations, or International law, defines the 
rights and duties of the nations in their intercourse with 
each other. 

Section VIII — ii. To declare war, grant letters of 
marque and reprisal, and make rules concerning captures 
on land and water. 

Declare War. — In monarchies the power to declare 
war is generally vested in the monarch, but since it is the 
people that bear the burden of war, it is only just that the 
power to decide when it shall be waged should rest in the 
hands of their representatives, so our government gives 
this power to Congress. 

Letters of Marque and Reprisal are commissions from 
the government, authorizing private persons to seize the 
property of an enemy at sea. These letters are generally 
granted in time of war to owners of vessels which are then 
called privateers. In recent times privateering has come 
to be looked upon as little better than piracy, and nearly 
all of the civilized nations have discontinued it. 

Section VIII — 12. To raise and support armies, hut 
no appropriation of money to that use shall be for a longer 
term than two years. 

Most of the great nations keep a large standing army 
but the policy of the United States has always been 
against this. While the army of Great Britain numbers 
254,500, Germany 620,000, France 560,000, Japan 230,000, 
Russia 1,200,000, that of the United States is limited to 
100,000 in the regular army, while the actual number is a 
little less than 78,000. The two-year provision was made 
to keep the army within the control of the people. 

Section VIII — 13. To provide and maintain a navy. 

The power to provide and maintain a navy, naturally 
goes with the power to raise and support armies. While 
our army is small, our navy has been increased until it 



218 CIVICS AND CITIZENSHIP 

ranks as one of the great armaments of the world. The 
five greatest naval powers of the world are Great Britain, 
United States, Germany, France and Japan. 

The estimated expenditure for army and navy in 
1911-12, was for Great Britain $361,000,000, for the 
United States $223,000,000, for Germany $218,000,000, 
for France $263,000,000. These figures will serve to give 
some idea of the vast sums necessary to maintain the 
armed peace of the world. If the amount given above 
for the United States were made to include the cost of 
the National Guard maintained by the several States, it 
would probably bring the total cost close to $300,000,000, 
the amount paid in one year for the entire educational 
system of the United States. 

International Peace Movement. — The cost of main- 
taining the army and navy, together with the expenditures 
for pension and interest on the public debt, both of which 
are expenses resulting from war, make a total that is 
almost three-fourths of all the money paid out by the 
government of the United States. 

The expensiveness and the horrors of warfare have led 
many to believe that war could be done away with through 
the settlement of disputes by arbitration. Nations wishing 
to arbitrate any question would each send representatives 
to present its case before an impartial board of arbitrators 
who would act as judges. These judges would investigate 
and weigh the facts and render a decision. A considerable 
number of international disputes have been settled by 
arbitration during the nineteenth century, the number of 
cases submitted by the United States being greater than 
by any other Nation. 

A Permanent International Court of Arbitration was 
established at The Hague in 1899, and ratified by twenty- 
four powers. The permanent court maintained, is com- 



THE POWERS OF CONGRESS 219 



posed of men who are eminent authorities on international 
law. A splendid ''Palace of Peace" is being built at 
The Hague. It is the gift of an American citizen, Andrew 
Carnegie. 

The plan advocated by all the peace organizations is 
for all of the nations to disarm gradually, proportionately, 
and at the same time. But the movement for disarma- 
ment has made little progress and at present all the nations 
are adhering to the principle that the best way to preserve 
peace is to be prepared for war. 

Section VIH — 14. To make rules for the government 
and regulation of the land and naval forces. 

This follows as a matter of course, the foregoing powers. 

Section VIII — 15. To provide for calling forth the 
militia to execute the laws of the Union, suppress insurrec- 
tions, and repel invasions. 

Section VIII — 16. To provide for organizing, arming 
and disciplining the militia, and for governing such part 
of them as may he employed in the service of the United 
States, reserving to the States respectively the appointment 
of the officers, and the authority of training the militia 
according to the discipline prescribed by Congress. 

Technically, the militia of each state is made up of all 
the able-bodied men within the state, between the ages 
of eighteen and forty-five, but as ordinarily used the term 
militia means the organized force of men in each state. 
Membership in the organization is voluntary, some 
training and discipline are given, and the men receive pay 
only when in service. The main service of the militia is 
to act as a police force on call of the governor of their 
state in case of riot or insurrection. 

Congress is given power to provide for calling out the 
militia, and they have done so by giving this authority 
to the President, which he uses when necessary, by calling 



220 CIVICS AND CITIZENSHIP 

on the several States for their quota of men. This power 
has been exercised but few times; the War of 1812 and 
the Civil War furnishing the best examples. 

Section VIII — 17. To exercise exclusive legislation 
in all cases whatsoever over such district {not exceeding ten 
miles square) as may, hy cession of particular States and 
the acceptance of Congress, become the seat of the government 
of the United States, and to exercise like authority over all 
places purchased hy the consent of the legislature of the state 
in which the same shall be, for the erection of forts, magazines, 
arsenals, dock-yards, and other needful buildings. 

The United States had no real capital until the Govern- 
ment was moved to Washington in 1800. Previous to 
that time Congress had met in New York until 1790, 
and then in Philadelphia until 1800. In 1790 Congress 
accepted from Maryland and Virginia a tract of land 
ten miles square, lying on both sides of the Potomac river, 
but afterward ceded back to Virginia her part of it, which 
leaves 70 square miles north of the river forming the pres- 
ent District of Columbia. 

The District is under the absolute control of Congress. 
Half of the cost of keeping up the city is paid by Congress 
and the other half is assessed upon the property owners. 
The people do not vote, and have no political rights 
whatever. 

Section VIII — 18. To make all laws which shall be 
necessary and proper for carrying into execution the fore- 
going powers, and all other powers vested by this Constitu- 
tion in the government of the United States, or in any 
department or officer thereof. 

Implied Powers. — Since it was not possible for the 
Constitutional Convention to foresee every necessity of 
the government, and to enumerate all of the powers that 
Congress might ever be called upon to exercise, this clause 



THE POWERS OF CONGRESS 221 



was added to cover any needs that might arise. It was 
called the *' sweeping clause" by Patrick Henry, and is 
often said to give Congress the power to do anything and 
everything. The extent of implied power has been one 
of the great dividing questions in our political history; 
some favored a great deal of implied power and others 
believed that Congress should have only the powers 
enimierated in the Constitution, and that all other powers 
should be reserved to the states. The general opinion and 
practice of today gives Congress much implied power. 
Under this interpretation Congress has built lighthouses, 
improved rivers and harbors, established banks, created 
mints, constructed roads, promoted education, purchased 
territory and done many other things that are not men- 
tioned in the Constitution. 



QUESTIONS 

1. How many powers of Congress are enumerated in the Con- 
stitution? 

2. Name the two general kinds of taxes. Discuss direct taxes 
as a source of revenue for the National Government. Compare 
local, state, and National Government in regard to direct taxation. 

3. Name the three forms of indirect taxation. Explain each. 

4. What are duties? What of their importance as a source of 
national revenue? 

5. What is the tariff? Are all imported goods subject to duty? 
Why? Explain protective tariff; revenue tariff. 

6. What is smuggling? What is done to prevent it? How is it 
punished? 

7. What is reciprocity? 

8. Discuss uniformity of taxation. 

9. Why is it necessary that the Government have the power to 
borrow money? Explain two ways in which it is usually done. 

10. What is commerce? Could Colorado charge a duty on 
wheat shipped from Kansas? Could Kansas charge a duty on coal 
shipped in from Colorado? Explain. 



222 CIVICS AND CITIZENSHIP 

11. How does the Constitution define a citizen? What two 
general classes of citizens? What is naturalization? Explain 
fully the steps to be followed in naturalization. Is the privilege of 
naturalization denied to any class of people? Why? What 
advantage to a foreigner living in this country to become 
naturalized? 

12. Why is the coinage of money an exclusive privilege of 
government? Which department of our government has charge of 
the coinage of money? Name the two kinds of money. How many 
mints in the United States? Locate them. Name our coins. 

13. How many kinds of paper money? Name them and discuss 
each. 

14. What is legal tender? Name the different coins and give 
the amount for which they are legal tender. 

15. What weights and measures have been adopted by Con- 
gress? Explain. Is the metric system in general use? 

17. What provision did Congress make for managing the Postal 
System? What can you say of the number of people employed in 
this work? Discuss the transportation of the mail. 

18. How are postoffices classified? What can you say of 
salaries and manner of appointment of postmasters? To which 
class does the post-office in your community belong? 

19. Why is mail matter divided into classes? How many 
classes? Discuss the matter and rates of each class. If any mail 
is sealed it belongs to which class? What is the rate on a book? 
If you seal a book so it can not be opened without breaking the 
seal, what rate of po'itage must you pay? Name classes of unmail- 
able matter. 

20. Discuss the early postal system mentioning rates and deliv- 
ery. Discuss improvements in our postal system, mentioning 
money orders, registered letters, city and rural free delivery, the 
Dead Letter Office. Give as many as possible of the conditions 
that would cause a letter to be sent to the Dead Letter Office. 

21. What is the purpose of the Postal Savings Bank? Is it an 
invention of our country? Discuss age of depositor, amount of 
deposit, rate of interest. Is there a Postal Savings Bank in your 
community? 

22. Explain the Parcels Post. Has it been established in our 
country yet? 

23. Has the Postal System been self-supporting? Name some 
causes for the deficit. Discuss the value of the Postal System. 



THE POWERS OF CONGRESS 223 

24. What is a copyright? For what is it granted? How is it 
secured? At what cost? What is the International Copyright 
Act? How is the copyright shown on any article? Find the notice 
of copyright in some books. 

25. What is a patent? Purpose? How obtained? At what 
cost? How does our patent system compare with that of other 
countries? How is the fact that an article is patented, indicated? 
Find the notice of patent on several articles. 

26. Define piracy, felony, law of nations. What power is 
Congress given over these matters? 

27. Who has the power to declare war? Why? 

28. Compare the size of our army with the armies of other 
nations. What limit is placed on the size of the army? What is 
the real size? 

29. Discuss the size of our navy. How does it rank with other 
navies? Discuss the cost of maintaining armies and navies. 

30. What is meant by the movement for international peace? 
What is meant by arbitration? What is the plan advocated by the 
peace organizations? 

31. What is the militia? Who belongs to it? How is the militia 
called out? Is it frequently done? 

32. Give something of the history of the location of the capital 
of the United States. What is the size of the District of Columbia? 
How was it obtained? 

33. Tell something of the government of the District of 
Columbia. 

34. Why does the Constitution not give every power that 
Congress might exercise? Explain the "sweeping clause." How 
did this clause give rise to political differences? What is the general 
attitude today? Name some things Congress has done under this 
clause. 



CHAPTER XX 

POWERS DENIED TO CONGRESS AND TO THE 

STATES 

ARTICLE I 

However much implied power Congress may exercise, 
there are certain powers that are expressly denied to it. 
A number of them are given in the Section that follows. 

Section IX — 2. The privilege of the writ of habeas 
corpus shall not be suspended, unless when in cases of 
rebellion or invasion the public safety may require it. 

A writ of habeas corpus provides that any person who 
thinks that he or another is unjustly imprisoned, may 
recite the facts in the case to the judge of a court who will 
then issue a writ of habeas corpus. This writ will direct 
the one who has charge of the prisoner to bring him into 
court. The facts for and against the imprisonment are 
then told, and the judge decides whether the prisoner shall 
be held or discharged. The writ is intended to prevent 
imprisonment without investigation, and as a personal 
right is so important that it is never to be suspended except 
in time of rebellion or invasion, and then only if public 
safety demands it. In time of war it might be impossible 
to produce witnesses and evidence sufficient to hold a 
prisoner, whose release might be a great loss or danger to 
the country. For this reason Congress gave the President 
the power to suspend this writ during the Civil War. 

Section IX — 3. No ex post facto law shall he passed. 

An ex post facto law is '^one which renders an act 
punishable in a manner in which it was not punishable 

224 



POWERS DENIED TO CONGRESS 225 



when it was committed." It relates to criminal laws 
only. Such a law must not be passed by either the States 
or the Nation. 

Section I X — 5. No tax or duty shall be laid on articles 
exported from any State. No preference shall be given by 
any regulation of commerce or revenue to the ports of one 
State over those of another; nor shall vessels bound to or 
from one State be obliged to enter, clear, or pay duties in 
another. 

We may have import but no export duties. The rest 
of the clause requires no comment. It's purpose is that 
of uniformity and fairness in the treatment of the states. 

Section IX — 7. No money shall be drawn from the 
treasury but in consequence of appropriations made by law; 
and a regular statement and account of the receipts and 
expenditures of all public money shall be published from 
time to time. 

Congress has charge of raising the public funds and of 
the expenditure of them. A complete account is kept 
by the Secretary of the Treasury and is published annu- 
ally. 

Section IX — 8. No title of nobility shall be granted 
by the United States; and no person holding any office 
of profit or trust under them, shall without the consent of 
the Congress, accept of any present, emolument, office, or 
title of any kind whatever, from any king, prince, or foreign 
state. 

The meaning of this clause is clear. The first part is 
for the purpose of preserving a spirit of equality among our 
people, and the second part is for the purpose of prevent- 
ing foreign influences from tempting American officers. 

Section X — i. No State shall enter into any treaty, 
alliance, or confederation; grant letters of marque and 
reprisal; coin money; emit bills of credit; make anything 



226 CIVICS AND CITIZENSHIP 

hut gold and silver coin a tender in payment of debts; pass 
any bill of attainder, ex post facto law, or law impairing 
the obligation of contracts, or grant any title of nobility. 

If the states could enter into treaties, alliances and 
confederations, and could grant letters of marque and 
reprisal, the Nation would be drawn into trouble by such 
acts and the Union would soon be broken up. 

If each state could coin money, emit bills of credit, 
which means to issue paper money, or make its own legal 
tender regulations, there would be no uniformity in these 
matters, and endless confusion would result. 

Certainly if Congress is forbidden to pass ex post facto 
laws, or to grant titles of nobility, the states should not 
be permitted to pass such acts. 

A law impairing the obligation of contract is one which 
changes the body of law in force at the time the contract 
was made, so that one of the parties to the agreement is 
damaged by the change. This clause does not keep the 
legislature from regulating contracts to be made in the 
future. 

Section X — 2. No State shall, without the consent of 
the Congress, lay any imposts or duties on imports or exports 
except what may be absolutely necessary for executing its 
inspection laws; and the net produce of all duties and im- 
posts laid by any State on imports or exports, shall be for the 
use of the treasury of the United States; and all such laws 
shall be subject to the revision and control of the Congress. 

This clause is intended to leave the whole matter of 
duties to Congress, so there will be uniformity and so the 
money derived from duties will be national revenue. 
It would be unfair for any state to retain the money paid 
in duties at the ports of that state, because as we have 
seen this is a form of indirect taxation paid by the whole 
people. 



POWERS DENIED TO CONGRESS 227 

Section X — 3. No State shall, without the consent of 
Congress, lay any duty of tonnage, keep troops or ships of 
war in time of peace, enter into any agreement or compact 
with another State or with a foreign power, or engage in war, 
unless actually invaded, or in such imminent danger as will 
not admit of delay. 

This clause, which reqmres no explanation, closes the 
list of powers denied the states. 



QUESTIONS 

1. What is a writ of habeas corpus? What is its purpose? 
What is the power of Congress with regard to it? 

2. What is an ex post facto law? 

3. Are export duties charged on goods sent out of the United 
States? 

4. How may money be drawn from the national treasury? 

5. What does the Constitution say about the granting of titles 
of nobility? Why? 

6. Name the powers denied to Congress. 

7. Name the powers denied the states. Explain the reason 
for each of these provisions. 



THE EXECUTIVE DEPARTMENT 

CHAPTER XXI 
THE ELECTION OF PRESIDENT AND VICE-PRESIDENT 

ARTICLE II 

The Executive Department. — The Executive Depart- 
ment of our Government is vested with authority to 
enforce the laws. While the law-making body consists 
of a large number of persons, in order that there may be 
much careful consideration of the wishes and ideas of the 
people in all parts of our country, it was decided that the 
executive power should be given to a single person, so that 
decisions might be reached without disagreements and 
executed without delay. The executive power is vested 
in the President of the United States. He is elected for a 
term of four years, and may serve as many terms as the 
people care to elect him, though no president has ever 
served more than two. The term begins on the fourth of 
March following election. 

This position is one of great dignity and honor. The 
President is recognized as the head of this great country ; 
he receives official visitors from abroad, he appoints all 
the ambassadors and other representatives to foreign 
nations, the military and naval officers, and the civil 
officers of the Government, all of whom are directly or 
indirectly under his control. He is clothed with greater 
authority than the president of any other important 
republic in the world, and in some of the monarchies, 
notably England, the ruler is a much less powerful factor 
in government, than is the President of the United States. 

228 



PRESIDENT AND VICE-PRESIDENT 229 



Section I — The executive power shall be vested in a 
President of the United States of America. He shall hold 
his office during the term of four years, and together with 
the Vice-President, chosen for the same term, be elected 
as follows: 

Each State shall appoint, in such manner as the Legislature 
thereof may direct, a number of electors, equal to the whole 
number of senators and representatives to which the State 
may be entitled in the Congress: but no senator or represent- 
ative, or person holding an office of trust or profit under the 
United States, shall be appointed an elector. 

Article XII — The electors shall meet in their respective 
States, and vote by ballot for President and Vice-President, 
one of whom, at least, shall not be an inhabitant of the same 
State with themselves; they shall name in their ballots the 
person voted for as President, and in distinct ballots the 
person voted for as Vice-President; and they shall make 
distinct lists of all persons voted for as President, and of all 
persons voted for as Vice-President, and of the number 
of votes for each, which lists they shall sign and certify and 
transmit sealed to the seat of the Government of the United 
States, directed to the president of the Senate; the president 
of the Senate shall, in the presence of the Senate and House 
of Representatives, open all the certificates, and the votes 
shall then be counted; the person having the greatest number 
of votes for President shall be the President, if such number 
be a majority of the whole number of electors appointed; 
and if no person have such majority, then from the^ persons 
having the highest numbers, not exceeding three, on the list 
of those voted for as President, the House of Representatives 
shall choose immediately, by ballot, the President. But in 
choosing the President the votes shall be taken by States, the 
representation from each State having one vote; a quorum 
for this purpose shall consist of a member or members from 



230 CIVICS AND CITIZENSHIP 

two-thirds of the States, and a majority of all the States shall 
be necessary to a choice. And if the House of Representa- 
tives shall not choose a President, whenever the right of choice 
shall devolve upon them, before the fourth day of March next 
following, then the Vice-President shall act as President, as 
in the case of the death or other constitutional disability of 
the President. The person having the greatest number of 
votes as Vice-President shall be the Vice-President, if such 
number be a majority of the whole number of electors ap- 
pointed; and if no person have a majority, then from the 
two highest numbers on the list the Senate shall choose the 
Vice-President; a quorum for the purpose shall consist of 
two-thirds of the whole number of Senators, and a majority 
of the whole number shall be necessary to a choice. But no 
person constitutionally ineligible to the office of President 
shall be eligible to that of Vice-President of the United States. 

The Congress may determine the time of choosing the 
electors, and the day on which they shall give their votes; 
which day shall be the same throughout the United States. 

The President and Vice-President are not elected di- 
rectly by the people, because it was thought by the mem- 
bers of the Constitutional Convention that a select body 
of men would choose more wisely and carefully than could 
the whole people. The method of election as laid down in 
the Constitution was not found satisfactory chiefly because 
the President and Vice-President were not voted for 
separately, but the one receiving the greatest number of 
votes became President and the next one Vice-President. 
This made possible a President of one party and a Vice- 
President of another, and thus a chance for difficulty, 
particularly should the president die in office. It also made 
a choice by the House of Representatives necessary when- 
ever two men received the same number of votes. This 
happened in 1800 when Jefferson and Burr were elected. 



PRESIDENT AND VICE-PRESIDENT 231 



To remedy this, the twelfth amendment was adopted in 
1804. The manner of election is as follows: 

(i) Electors are selected by the people to choose a 
President and Vice-President; the whole body of electors 
is called the Electoral College. 

(2) Each state is allowed as many electors as the sum 
of its senators and representatives; thus Kansas is 
entitled to ten. 

(3) The Electors are voted for directly by the people. 

(4) Each political party in each state nominates as 
many electors as the state is entitled to. No officer of 
the United States may be an elector. 

(5) Congress has fixed the time for choosing electors, 
as the first Tuesday after the first Monday in November 
of every fourth year. Since electors are chosen on a 
general ticket and not one from each district, the political 
party that casts the majority of votes in any state usually 
elects all of the electors of that state. For example, if a 
state entitled to thirty electors should give only 1,000 
more votes to one political party than to another, the 
winning party would be entitled to all thirty of the 
electors, and the other parties would have no representa- 
tion at all. In this way the Electoral College does not 
always represent the wishes of the majority of the people 
and several presidents have thus been elected by a minori- 
ty of the popular vote. 

(6) Congress has provided that the Electoral College 
shall meet on the second Monday in January to vote for 
President and Vice-President. 

When the Constitution was framed, it was intended 
that each Elector should use his own judgment in voting 
for President and Vice-President, but the growth of the 
political party system since that time has made this 
impossible. At present if a state elects the Republican 



232 CIVICS AND CITIZENSHIP 

electors it is known at once that all those electors will vote 
for the Republican candidates for President and Vice- 
President; if the state goes Democratic, it means that 
many votes for the Democratic candidates. Consequently, 
as soon after election as it is possible to learn which set of 
electors were chosen in each state, it is only necessary to 
count the electors of each party to know who will be the 
next President. The result is usually known within a few 
days after election, and but little attention is paid to the 
real election by the Electoral College two months later. 

(7) On the second Wednesday of February, the Senate 
and House of Representatives meet to count the Electoral 
votes, and in case no persons have majorities the elections 
go to the House and the Senate as explained in the Con- 
stitution. 

Nomination of Candidates. — The development of party 
organization was not foreseen by the Constitutional Con- 
vention and so no provision was made for it. For this 
reason the nomination of presidential candidates has been 
a matter of growth. At first the congressmen of each 
political party met in a congressional caucus and named 
their candidates, but in 1840 both leading parties held 
national conventions and since that time the same method 
has been followed. 

These national conventions, held every four years 
during June or July preceding election, are affairs of great 
national interest and excitement. They are held in large 
cities and great numbers of politicians and sight-seers are 
in attendance. Each state is allowed as many delegates 
as twice its number of representatives and senators, and 
the territories have from two to six delegates. 

The important things done by a national convention are 
the nomination of candidates for President and Vice- 
President, and the adoption of a party platform. 



PRESIDENT AND VICE-PRESIDENT 233 

The National Committee.— The National Committee 
# of the party consists of one member from each state. 
This committee exercises a great deal of power for it has 
much to do with drawing up the party platform, it man- 
ages the campaign, secures money, looks after the party's 
affairs during the following four years, and calls the next 
National Convention. 

Presidential Primary. — Many believe that the wishes of 
the people are not always truly represented by the conven- 
tion system, and are in favor of nominating the candidates 
fbr President and Vice-President by the Direct Primary. 
/^ Section I — 4. 'No person^ except a natural-horn 
citizen, or a citizen of the United States at the time of the 
adoption of this Constitution, shall be eligible to the office of 
President; neither shall any person be eligible to that office 
who shall not have attained to the age of thirty-five years, 
and been fourteen years a resident within the United States. 

By examining this clause carefully, we find that because 
of the greater dignity and importance of the office of 
President, his qualifications are higher than those of a 
senator, just as a senator's are higher than a representa- 
tive's. The qualifications of the Vice-President are of 
course the same as those of the President. 

Section I — 5. In case of the removal of the President 
from office, or of his death, resignation, or inability to dis- 
charge the powers and duties of said office, the same shall 
devolve on the Vice-President; and the Congress may by 
law provide for the case of removal, death, resignation, or 
inability, both of the President and Vice-President declar- 
ing what officer shall then act as President and such officer 
shall act accordingly, until the disability be removed or a 
President shall be elected. 

In pursuance of the power given to Congress in this 
clause, they passed a Presidential Succession law in 1886, 



234 CIVICS AND CITIZENSHIP 

providing that in case of the death, resignation, or ina- 
biHty of both President and Vice-President, the ofhce 
should devolve on the cabinet officers in the following or- 
der: Secretary of State, Secretary of Treasury, Secretary 
of War, Attorney-General, Postmaster-General, Secretary 
of the Navy, and Secretary of the Interior. Since the 
passage of this law, two officers have been added to the 
Cabinet, the Secretary of Agriculture, in 1889, and the 
Secretary of Commerce and Labor in 1903. The succes- 
sion law does not of course apply to them. 

A device for remembering the cabinet in order is the 
word St. Wapniac the letters of which are the first letters 
of the names of the departments in their order. 

Section I — 6. The President shall, at stated times, 
receive for his services a compensation, which shall neither 
be increased nor diminished during the period for which 
he shall have been elected, and he shall not receive within that 
period any other emolument from the United States, or any 
of them. 

The salary of the President was at first $25,000, but 
has since been increased to $75,000, with an allowance 
of $25,000 for traveling expenses. 

Section I — 7. Before he enter on the execution of his 
office, he shall take the following oath or affirmation: 

^^I do solemnly swear {or affirm) that I will faithfully 
execute the office of President of the United States, and will, 
to the best of my ability, preserve, protect, and defend the 
Constitution of the United States. ^^ 

■ The inauguration of the President and Vice-President 
is an event of national interest, and a great many people 
go to Washington to witness it. The ceremony is held 
just before noon on the east side of the Capitol. The 
Chief Justice administers the oath provided by the Con- 
stitution, after which the President delivers his inaugural 



PRESIDENT AND VICE-PRESIDENT 235 

address, in which he gives his plans and pohcies for his 
administration. Then he is driven to the Executive 
Mansion, or as it is generally called, the White House, 
which is to be his home during the next four years. This 
building is about a mile from the Capitol, and in it are the 
offices in which he performs all his official duties. 

QUESTIONS 

1. What is the general purpose of the executive department? 
In whom is the executive power vested? Why was the power in 
this department vested in only one person? Why was the legislative 
power given to a large number of persons? 

2. For how long a term is the President elected? When does 
his term begin? Can you connect this date in any way with the 
sessions of Congress? 

3. Discuss the power of the President. How does it compare 
with rulers in some other countries? 

4. What is the subject matter of the twelfth amendment? Why 
was it adopted? When? 

5. Discuss the election of President and Vice-President, explain- 
ing Electoral College, number of electors allowed each state, 
number allowed Kansas, election of electors, date of their election. 

6. When does the Electoral College meet and cast its votes? 
Do the people have to wait until that time to learn who was elected 
President? Explain. Who counts the votes of the Electoral 
College? What is done in case the electors have failed to elect? 

7. Tell all you can of national conventions of today. What 
is done by the national conventions? When are they held? 

8. What is the national committee? Of how many members 
does it consist? What is its function? What is the presidential 
primary method of nomination? Is it used in Kansas? 

9. What are the qualifications of a President? A Vice- 
President? Compare them with those of representatives and 
senators. 

10. Discuss fully the Presidential Succession Law. 

1 1 . What is the salary of the President? 

12. Tell all you can of the inauguration of the President and 
Vice-President. 



CHAPTER XXII 
POWERS AND DUTIES OF THE PRESIDENT 

ARTICLE II 

Section II — i. The President shall be commander-in- 
chief of the army and navy of the United States ^ and of the 
militia of the several States when called into the actual 
service of the United States; he may require the opiniony 
in writings of the principal officer in each of the executive 
departments, upon any subject relating to the duties of their 
respective offices, and he shall have power to grant reprieves 
and pardons for offenses against the United States, except 
in cases of impeachment. 

Since it is the duty of the President to execute the laws 
of the country, to repel invasion, and to quell domestic 
insurrection, it is necessary that the means of doing these 
things be placed at his disposal. This was accomplished 
by giving him command of the army and navy and by 
granting him the authority to appoint many officers who 
help him carry out the law. 

The executive departments are in charge of the mem- 
bers of the President's Cabinet and he may call upon any 
of them at any time for information concerning matters 
of their department. 

It sometimes happens that after a person has been 
convicted of a crime, some new evidence comes to light 
regarding the case. Under such circumstances, the Presi- 
dent might need more time to look into the matter care- 
fully. This clause gives him the power to grant the 
person a reprieve, that is to put off the day of punishment 

236 



POWERS OF THE PRESIDENT 237 

as he sees fit. Or it might be found that the convicted 
person was not guilty or that he was the victim of un- 
fortunate circumstances, in which case the President could 
issue a pardon, which is a complete release from punish- 
ment. 

But in cases of impeachment the President is powerless 
to act. When public officials offend against the laws or 
abuse their privileges, it was thought that after conviction 
there should be no power to hinder their removal from 
office. The power to grant reprieves and pardons extends 
only to cases of conviction by the United States courts. 
Such offenses would be counterfeiting, deserting from the 
army, robbery of the mails or postoffices. Reprieves and 
pardons for offences against the state laws may be granted 
by the Governor of each state. 

Section II — 2. He shall have power, by and with the 
advice and consent of the Senate, to make treaties, provided 
two-thirds of the Senators present concur; and he shall nom- 
inate, and by and with the advice and consent of the Senate, 
shall appoint ambassadors, other public ministers and 
consuls, judges of the Supreme Court, and all other officers 
of the United States, whose appointments are not herein 
otherwise provided for, and which shall be established by 
law; but the Congress may by law vest the appointment of 
such inferior officers as they think proper, in the President 
alone, in the courts of law, or in the heads of departments. 

A Treaty is an agreement between nations, settling 
questions of dispute between them concerning such mat- 
ters, as botindaries, commerce, war, and immigration. 
The terms of a treaty must not be in conflict with the Con- 
stitution, and when made, the treaty becomes a part of 
our national law. The President has the direct treaty 
making power, but he must submit all treaties to the 
Senate, and the approval of two-thirds of the members 



238 CIVICS AND CITIZENSHIP 

present is necessary to make them binding. The President 
usually does not act personally, but through the Secre- 
tary of State, and all negotiations are conducted with 
great secrecy. 

Appointments. — The power of appointment given the 
President in this clause has grown so great that he has 
control of the appointment to office of over three hundred 
thousand persons. Of course the President could not 
attend to all of this personally, and hence, many of the 
appointments are made by officials in the different de- 
partments. It is customary for the President to depend 
upon the recommendation of the senators and represen- 
tatives of the states in which the office is located, and this 
share in appointment gives all the senators and repre- 
sentatives a great deal of political power, and is at the 
same time a great burden and responsibility. 

Civil Service. — Persons who are employed by the 
Government are in the government service, or, as it is 
usually expressed, they are in the civil service. A very large 
number of officials are appointed and removed by the 
President directly or by the heads of departments. The 
first six presidents made no changes for political reasons, 
and removed altogether probably fewer than a hundred 
persons, but when Jackson became President he made 
seven hundred thirty-four removals in one year, and 
placed in those offices men of his own political belief. 
Thus was developed the ''Spoils System," and with it the 
theory that the winning party should have the offices. This 
system produces a great deal of dissatisfaction, but never- 
theless the policy has been followed from that day to this. 

It is generally agreed that a new President should fill the 
higher offices with men of his own party in order that 
there may be harmony in carrying out his policies and 
those of the party that elected him. But the great 



POWERS OF THE PRESIDENT 239 

majority of civil service officers, have nothing to do with 
shaping pubHc pohcies ; these and the army of clerks and 
employees, it is also generally agreed, should not be ap- 
pointed and removed for political reasons. 

Civil Service Reform. — A new poHcy was begun in 
1883, when Congress passed the Pendleton Bill providing 
for a competitive examination of a large number of civil 
service employees, and appointment according to the 
results of the examination, instead of through politics. 
The appointees hold their positions during good behavior 
and efficient service. More than one half of all civil 
service employees now receive their appointments through 
the system of competitive examinations. 

Section III. He shall from time to time give to the 
Congress information of the state of the Union, and recom- 
mend to their consideration such measures as he shall judge 
necessary and expedient; he may, on extraordinary occa- 
sions, convene both Houses, or either of them, and in case 
of disagreement between them with respect to the time of 
adjournment, he may adjourn them to such time as he shall 
think proper; he shall receive ambassadors and other public 
ministers; he shall take care that the laws be faithfully 
executed, and shall commission all the officers of the United 
States. 

The first two Presidents went before Congress in joint 
session and delivered their messages in person, but Presi- 
dent Jefferson sent written messages, and the custom has 
been followed ever since. An annual message is sent at 
the opening of each session of Congress, giving in outline 
the history of the year, together with the President's 
views and recommendations regarding needed legislation. 
Special messages relating to special questions are sent 
whenever necessary. 

Several Presidents have found it necessary to call 



240 CIVICS AND CITIZENSHIP 

special sessions of Congress, but no President has ever had 
to adjourn Congress. 

To *' commission all the officers of the United States," 
means to appoint and clothe them with authority. 

The chief duty of the President is that, ^*he shall take 
care that the laws be faithfully executed." This clause 
is really a summary of all the powers of the President. He 
must enforce all laws whether they meet his approval or 
not and of course he must obey all laws, the same as any 
other citizen. 

The President's Cabinet. — The Constitution makes 
no direct provision for a cabinet. It provides that the 
President *'may require the opinion in writing of the 
principal officers in each of the executive departments," 
but it does not form such officers into a council, nor give 
them any advisory power. The Cabinet has grown out 
of the necessity for dividing up the enormous amount 
of work of the executive branch of the government. 

President Washington appointed a Cabinet of four mem- 
bers, and it has since grown to nine. The members are 
appointed by the President and confirmed by the Senate, 
but since they are closely associated with the President 
and are really his assistants, the Senate usually confirms 
his appointments without question. 

Each Cabinet Officer has general control of the affairs of 
his department but he is in turn subject to the authority 
of the President, and may be dismissed by him at any 
time. Through his Cabinet Members the President is 
kept informed as to the affairs of the departments. Presi- 
dent Washington followed the Constitution to the letter 
and required the opinion of the secretaries in writing, but 
other Presidents soon established the custom of calling 
Cabinet meetings. The meetings are at the White House 
and the public does not know what takes place at them. 



POWERS OF THE PRESIDENT 241 



The President is not bound by the opinions of his Cabinet; 
their function is to advise, but the President follows this 
advice or not as he thinks best. 

The Secretary of State ranks highest among the nine 
Cabinet Officers. His department was created at the 
beginning of the National Government, and he has from 
that time had the sole power to communicate with other 
nations in the name of the President of the United States. 
All of the business between our Government and foreign 
governments is conducted through this department. It 
includes such matters as the negotiation of treaties, the 
reception of representatives of foreign powers, and all 
of the duties connected with the public ministers and 
consuls to and from other nations. 

The Diplomatic Service.^ In order that countries may 
successfully carry on relations with each other, it is 
necessary for them to send representatives to each other's 
capital cities. This branch of our Government is called 
the Diplomatic and Consular Service, and is under the 
direct supervision of the Secretary of State. These rep- 
resentatives are of two general classes; ambassadors and 
ministers who represent the United States politically, and 
consuls who represent it commercially. Ambassadors are 
sent to ten of the more important nations and ministers 
to the others. They have charge of political matters, 
and attend to the settlement of any difficulties that may 
arise with foreign powers. Consuls represent the com- 
mercial interests of our country; they are business men, 
and deal chiefly with the interests of individuals instead 
of governments. Their principal duty is to see that the 
commercial laws of the country are enforced, and that 
our commerce, merchants and seamen are protected. 

The Foreign Service is a very important branch of the 
Government, for much of our peace and prosperity depend 



242 CIVICS AND CITIZENSHIP 

upon our political and commercial relations with other 
countries. 

These positions can be properly filled only by men of 
much talent; they must be broad-minded and tactful, 
familiar with recent history and have a ready under- 
standing of people. Although appointments are usually 
made for political reasons, there have been among our 
representatives abroad some of the ablest men that our 
country has produced. 

The Department of Treasury, under the Secretary of the 
Treasury, has charge of the financial business of the coun- 
try. It has control of the custom houses and collects the 
duties, collects internal revenue, organizes national banks, 
and supervises the making of coin and paper money. 

The Department of War, under the Secretary of War, 
has charge of the army. It also controls the military 
academy at West Point, a school maintained to train 
•officers for the military service. 

The Department of Justice, under the Attorney Gen- 
eral, is the law department of the Government, It 
furnishes legal advice to the President and Cabinet 
members, and looks after the interests of the United 
States in cases in court. 

The Postoffice Department, under the Postmaster- 
General, has charge of all matters pertaining to post- 
offices and the mails. 

The Department of the Navy, under the Secretary of 
the Navy, provides for the construction and equipment of 
vessels, purchases naval supplies, and controls the naval 
academy at Annapolis, Maryland, maintained for the 
purpose of training naval officers. 

The Department of the Interior, under the Secretary of 
the Interior, has the management of the domestic or in- 
ternal affairs of our nation. Some of these are pensions, 



POWERS OF THE PRESIDENT 243 



public lands, Indian affairs, patents and copyrights, and 
education. 

The Department of Agriculture, under the Secretary of 
Agriculture, exists for the purpose of giving to the people 
all information obtainable on subjects connected with 
agriculttire. The work is carried on through the bureau 
of soils, plant industry, experiment stations, animal 
industry, weather bureau, forestry service and public 
roads. 

The Department of Commerce and Labor, under the 
Secretary of Commerce and Labor, was created in 1903, 
and "fosters, promotes, and develops the foreign and 
domestic commerce, the mining, manufacturing, shipping 
and fishing industries, the labor interests, and the trans- 
portation facilities of the United States." 

QUESTIONS 

1. Why should the President have been made commander-in- 
chief of the army and navy? Does he carry out this authority 
directly or indirectly? 

2. What is a reprieve? A pardon? Discuss the power of the 
President in these matters. Could the President grant a pardon 
to an officer who had been impeached? Could he pardon any one 
for an offense against state law? Explain. Give some examples 
of offenses over which he would have power. 

3. What is a treaty? Are treaties matters of importance? 
Who makes them? 

4. Discuss the appointive power of the President and of con- 
gressmen. 

5. What is the meaning of civil service? Give an account of 
the growth of the Spoils System. Is there good reason for the 
President's having power to appoint any officers from his own 
political party? Is there good reason for appointing all of them for 
political reasons? Why? Explain civil service reform. Do you 
know of any officers appointed through civil service examination? 
Have you ever seen any notices in the papers of civil service examina- 
tions? 



244 CIVICS AND CITIZENSHIP 

6. Tell all you can of the President's messages. Explain 
special messages and special sessions. 

7. What provision does the Constitution make for a President's 
cabinet? How many members in the first cabinet? How many 
members in the cabinet today? How are they appointed? 
What is their authority? Explain the relation between the Presi- 
dent and his cabinet. 

8. Give the rank and duties of the Secretary of State. What is 
meant by the Foreign Service? Name and explain the different 
classes of representatives to foreign countries. Discuss the impor- 
tance of the Foreign Service. Can you name any of the men who 
have at any time, represented our country abroad? 

9. Tell all you can of the Treasury Department. 

10. Name the rest of the cabinet officers and tell something of 
their duties. 



THE JUDICIAL DEPARTMENT 
CHAPTER XXIII 

ARTICLE III 

Section I. The judicial power of the United States 
shall be vested in one Supreme Court, and in such inferior 
courts as the Congress may from time to time ordain and es- 
tablish. The judges, both of the Supreme and inferior courts, 
shall hold their offices during good behavior, and shall, at 
stated times, receive for their services a compensation which 
shall not be diminished during their continuance in office. 

The Judiciary. — Under the Articles of Confederation 
there were no independent courts for the setthng of dis- 
putes between the states. Although the cases might be 
tried before Congress, or special courts created by it, 
there was no executive department to enforce the 
decisions after they were made. This experience led the 
framers of the Constitution to estabHsh a strong judicial 
department and to make it independent of the other two 
departments and equal to them in dignity. They realized, 
too, that it was necessary to make the National judges as 
independent as possible in order that their decisions might 
be given without fear or favor; they must not fear the 
President, or Congress, or any poHtical party, or any 
section of the country. As we learned in Article II, 
Section 2, Clause 2, the President with the consent of the 
Senate may appoint judges, but once appointed they 
cannot be removed except by impeachment, and this 
means is used only for great cause. In our whole National 

245 



246 CIVICS AND CITIZENSHIP 

history there have been 400 or more United States judges 
and in all this number there have been but two removals 
by impeachment. A judge is secure in his salary, also; 
it may be increased, but it cannot be decreased. Thus the 
decisions of the National judges cannot be influenced by 
fear of elections, or threats of removal, or decrease of 
salary. 

The System of Courts. — The framers of the Constitu- 
tion provided for a Supreme Court but they recognized 
that other courts would be necessary, and they indirectly 
provided for them in the words, ' ' and in such other courts 
as the Congress may from time to time ordain and 
establish." In all departments of justice there are always 
different grades of courts, lower courts, for cases of least 
importance, and higher courts for more important ones, 
and, highest of all, a supreme court. 

The first Congress in 1789 passed the Judiciary Act 
organizing a system of courts, and except for a few minor 
changes and the growth of the niimber of courts in the 
different classes, the Act has not been greatly changed 
since that time. The different classes of courts are as 
follows: 

The Supreme Court. — This court consists of the Chief 
Justice and eight associate justices. It is necessary that 
at least six of these judges be present when a case is tried 
and a majority is required to render a decision. The vote 
of the Chief Justice counts just the same as the votes of 
the associate justices. This court is in session from 
October till July at Washington, D. C. 

Considering the rank and importance of this depart- 
ment the salaries are not high; the chief justice receives 
$15,000 and the associate justices $14,500, but the 
dignity of the office is such that the ablest men accept 
appointments to these positions. Any judge who has 



THE JUDICIARY 247 



served for ten years, and has attained the age of seventy, 
may resign and continue to draw full salary during the 
remainder of his life. 

Nine Circuit Courts of Appeal. — The states are divided 
into nine groups or circuits, in each of which is a Circuit 
Court of Appeals. The Eighth Circuit consists of Ar- 
kansas, Colorado, Oklahoma, Iowa, Kansas, Minnesota, 
Missouri, Nebraska, New Mexico, North Dakota, South 
Dakota, Utah and Wyoming. There were also nine 
Circuit Courts, but they went out of existence on January 
I, 1912. 

Ninety District Courts. — Each District Court has a 
district judge. Many of the districts are composed of 
single states but some of the larger states are divided into 
several districts. Kansas is a single district. 

Other Courts. — In addition to these there are the 
Court of Claims for hearing claims against the National 
Government, the Court of Commerce, the Territorial 
Courts, the Courts of the District of Columbia, and the 
Court of Customs Appeals. 

Section II — i. The judicial power shall extend to all 
cases, in law and equity, arising under this Constitution, 
the laws of the United States, and treaties made, or which 
shall be made, under their authority; to all cases affecting 
ambassadors, other public ministers, and consuls; to all 
cases of admiralty and maritime jurisdiction; to con- 
troversies to which the United States shall be a party; to 
controversies between two or more States; between a State 
and citizens of another State; between citizens of different 
States', between citizens of the same State claiming lands 
under grants of different States, and between a State, or the 
citizens thereof, and foreign States, citizens or subjects. 

Section II — 2. In all cases affecting ambassadors, 
other public ministers and consuls, and those in which a 



248 CIVICS AND CITIZENSHIP 

State shall be a party , the Supreme Court shall have original 
jurisdiction. In all other cases before mentioned the Supreme 
Court shall have appellate jurisdiction, both as to law and 
fact, with such exceptions and under such regulations as the 
Congress shall make. 

Some explanation of terms is necessary before going 
further. 

The jurisdiction of a court is its power to hear and 
settle controversies. The United States Courts do not 
have jurisdiction in all kinds of cases but only such as 
are named in the Constitution. 

Controversies are difficulties or disputes and when 
brought into court are called cases. 

When a court has original jurisdiction in a case it deals 
with that case from its commencement; it is the first 
court to try the case. 

When a case has been tried in one court, and then is 
tried again in a higher court, the second court is said to 
have appellate jurisdiction. 

When a case is carried from one court to another it is 
appealed. 

The District Courts have original jurisdiction only. 
Appeals may be taken from these courts to the Circuit 
Courts of Appeal, which have appellate jurisdiction only, 
or to the Supreme Court, which has both original and 
appellate jurisdiction and from which there is no appeal. 
Its decisions are final. The Constitution names the classes 
of cases in which the Supreme Court has original juris- 
diction. 

If a state law or a law passed by Congress is beheved 
by the Supreme Court to be in conflict with the Consti- 
tution such law will be declared by the Supreme Court to 
be unconstitutional, which means that it will be as though 
the law had never been passed. Of course no law can be 



THE JUDICIARY 249 



passed upon by any court unless a case is brought under 
that law. 

Section II — 3. The trial of all crimes, except in cases 
of impeachment J shall be by jury; and such trial shall be 
held in the State where the said crimes shall have been com- 
mitted, but when not committed within any State, the trial 
shall be at such place or places as the Congress may by law 
have directed. 

Trial by jury has for centuries been one of the most 
cherished and carefully guarded rights of the English- 
speaking people. It means that no person shall be con- 
victed of any crime, except on the unanimous verdict of 
twelve people. This privilege very largely does away with 
the danger of punishing persons who are innocent of the 
crime of which they are accused. 

It is further provided that to save trouble and expense 
the ' ' trial shall be held in the State where the said crime 
shall have been committed." If a man living in Kansas 
were accused of a crime committed within this State, it 
would be very unjust to compel him to go to New York 
for a trial. 

We have learned in another place that charges of 
impeachment are not tried in the regular courts but in 
the Senate. 

Section III — i. Treason against the United States shall 
consist only in levying war against them, or in adhering to 
their enemies, giving them aid and comfort. No person 
shall be convicted of treason unless on the testimony of two 
witnesses to the same overt act, or on confession in open 
court. 

Section III — 2. The Congress shall have power to 
declare the punishment of treason, but no attainder of treason 
shall work corruption of blood or forfeiture except during the 
life of the person attainted. 



250 CIVICS AND CITIZENSHIP 

Treason is an attempt by one or more citizens of a 
country to overthrow the estabUshed government. It 
is considered the greatest of all crimes, and is punished 
in the severest manner. Because of this, treason has, 
in the past, in England and other countries, afforded 
tyrannical rulers a very convenient excuse for punishing 
those who incurred their displeastire. Men were seized, 
accused, and convicted of treason on the merest pretexts. 
To guard against anything of this kind in our own country, 
the Constitution defines exactly what shall be regarded 
as treason. Talk of waging war, or plans to wage war 
are not treason, but if a body of men actually assemble for 
the purpose of levying war then each and every one taking 
even the slightest part is a traitor. So is anyone who 
gives any assistance to the enemies of his country or sells 
them provisions, horses, or other supplies, to be used in 
carrying on the war. 

To avoid the slightest danger of an innocent person's 
being convicted of treason, the Constitution further pro- 
vides that conviction may be had in only two ways: on 
confession, not privately but in open court, and, ' ' on the 
testimony of two witnesses to the same overt act." 

Congress has fixed the punishment of treason as death, 
or imprisonment for not less than five years and a fine 
of not less than ten thousand dollars. 



QUESTIONS 

1. In what is the judicial power of our country vested? I? 
the Judiciary equal in importance to the other two departments of 
National Government? How are the judges made independent? 
Why? 

2. Does the Constitution provide with exactness a system of 
courts? Who has the power to establish national courts? What 
is the Judiciary Act? 



THE JUDICIARY 251 

3. Name the different classes of courts. Discuss each. 

4. Explain the meaning of jurisdiction, cases, original juris- 
diction, appellate jurisdiction, appeal. 

5. What is meant by saying that a law is unconstitutional? 

6. What does the Constitution say about trial by jury? Of 
the place of trial? Where are impeachments tried? 

7. What is treason? Why did the framers of the Constitution 
define it so carefully? Discuss the punishment of treason. 



CHAPTER XXIV 
RELATIONS BETWEEN STATES 

ARTICLE IV 

Section I. Full faith and credit shall be given in each 
State to the public acts, records, and judicial proceedings 
of every other State. And the Congress may by general laws 
prescribe the manner in which such acts, records, and pro- 
ceedings shall be proved, and the efect thereof. 

The public acts of any state are the laws of that state ; 
the records are the records of deeds, wills etc., and the 
judicial proceedings are the acts of the courts. For 
each state to give them full faith and credit means that 
each state must recognize them as just as binding as they 
are in the state in which they were made. If two people 
are married in one state, they must be recognized as 
married in all of the other states, although the laws of the 
states vary on marriage. Such a provision is necessary in 
order to avoid endless confusion. 

Section II — i. The citizens of each State shall be 
entitled to all privileges and immunities of citizens in the 
several states. 

The moment a citizen of one state moves into another 
state he has every right that other citizens of the latter 
state have. He may not, however, demand rights which 
he had in the state from which he comes, if they are not 
recognized by law in his new home. Though Missouri 
allows her citizens to sell cigarettes, a Missourian may not 
sell them in Kansas. 

A foreigner may not vote in Iowa until he has become 

252 



RELATIONS BETWEEN STATES 253 

a naturalized citizen of the United States, but if he leaves 
Iowa and moves to Kansas, he may become a voter in 
six months if he has declared his intention of becoming 
a citizen. The moment a family moves into Kansas the 
children are as liable to the Truancy law as any child in 
the state, no matter what the provisions of the Truancy 
law were in the state from which they came. 

Section II — 2. A person charged in any State with 
treason^ felony, or other crime, who shall flee from justice, 
and be found in another State, shall on demand of the ex- 
ecutive authority of the state from which he fled, he delivered 
up, to be removed to the State having jurisdiction of the 
crime. 

If a person commits a crime in Kansas, and then flees 
to Colorado, the officers in Kansas may not go into 
Colorado and arrest him, because the authority of any 
state cannot go beyond its own boimdaries ; nor may the 
officers in Colorado arrest and punish the criminal, 
because the crime was not committed within their state. 
If no provision had been made for such cases, each state 
would be overrun with criminals from other states, but 
under this clause of the Constitution the Governor of 
Kansas would send a requisition, that is, an application, 
to the Governor of Colorado, who would then order his 
officers to arrest the man and turn him over to the Kansas 
authorities. There is no way by which the Governor of 
Colorado could be compelled to do this, but as a matter 
of fact, governors usually do honor requisitions from each 
other. 

A similar exchange between nations, of fugitives from 
justice, is called extradition. The United States has 
extradition treaties with most of the civiHzed nations. 

Section III — i. New States may be admitted by the 
Congress into this Union; but no new State shall be formed 



254 CIVICS AND CITIZENSHIP 

or erected within the jurisdiction of any other State; nor 
any State he formed by the junction of two or more States, 
or parts of States, without the consent of the legislatures of 
the States concerned as well as of the Congress. 

The admission of new states was left entirely to Con- 
gress. The usual method is for Congress to pass an 
enabling act authorizing the territory to form a constitu- 
tion, which must then be submitted to Congress for ap- 
proval. Sometimes a territory has adopted a constitution 
first and then asked for admission. Congress determines 
the boundaries, and the time and manner of admission and 
many details, but when once the state is admitted it is 
the equal of the other states, and cannot be divided nor 
joined to other states without its own consent. When 
once within the Union it cannot withdraw from it; this 
is not mentioned in the Constitution, but it was definitely 
settled by the Civil War. 

Section III — 2. The Congress shall have power to 
dispose of and make all needful rules and regulations 
respecting the territory or other property belonging to the 
United States; and nothing in this Constitution shall be 
so construed as to prejudice any claims of the United States, 
or of any particular State. 

A Territory is a part of the national domain that has 
been organized but has not yet been formed into a state. 
A territory does not enjoy all of the privileges of a state; 
its only representation in Congress is a delegate in the 
House, who may speak but not vote; it has no part in 
electing the President and its governor and judges are 
appointed by the President. Though a territory is 
organized and controlled by Congress, it is usually given 
the right to elect a legislature, and make laws, so that it 
may have a share in its own government and thus become • 
fit for statehood and complete self-control. 



RELATIONS BETWEEN STATES 255 

Original Area of the United States. — The boundaries 
of the United States as they were stated by the treaty at 
the close of the Revolutionary War in 1783 were as fol- 
lows: The Great Lakes and Canada on the north, the 
Atlantic on the east, Florida and the Gulf of Mexico on 
the south and the Mississippi River on the west. The same 
boundaries existed when the Constitution was adopted in 
1787. When the National Government went into opera- 
tion in April of that year there were eleven states: New 
Hampshire, Massachusetts, Connecticut, New York, 
Pennsylvania, New Jersey, Delaware, Maryland, Virginia, 
South Carolina, and Georgia. But the Union was made 
complete by the ratification of the Constitution by North 
Carolina in November, 1789, and Rhode Island in May, 
1790. Thus the Nation began its history with thirteen 
states, but by the study of the map of the United States 
we may readily see that the area of the original thirteen 
states did not comprise all, nor even a very large part, of 
the area contained within the boundaries of the Federal 
Government in 1789. The remainder was territory that 
was later to come into the Union as states. 

New States. — In all, thirty -five new states have been 
admitted to the Union, making a total of forty-eight. 
Twenty-five of these He within the original boimdaries of 
the Nation; the rest have been carved from territory 
acquired by the Government since that time. 

Present Area. — Before the organization of our National 
Government, people had crossed the Appalachian Moun- 
tains and begun the steady westward movement of settle- 
ment that has continued until our nation is a complete set 
of states from the Atlantic to the Pacific, and from Canada 
on the north to Mexico and the Gulf of Mexico on the 
south. Not a territory is left within these bounds. And 
we have acquired other possessions. The area of our 



256 CIVICS AND CITIZENSHIP 

country at the time of establishing our Federal Govern- 
ment in 1789, was 828,000 square miles; since that time 
it has been increased to 3,692,000 square miles, nearly 
four and one-half times its original size. 

Territorial Growth. — These are the various additions 
to the territory of the United States: 

1. Louisiana, purchased of France in 1803 for $15,000,- 
000, embraced the western half of the Mississippi valley. 

2. Florida, purchased of Spain in 1819, for $5,000,000, 
consisted of the peninsula and a narrow strip of territory 
running westward along the coast to Louisiana. 

3. Texas was admitted to the Union in 1845 by a 
joint resolution of Congress. Texas declared its indepen- 
dence of Mexico in 1836, became an independent republic, 
and applied for admission to the United States. 

4. Oregon included the territory lying between parallels 
42° and 54° 40' north latitude, west of the Rocky Moun- 
tains. The real claim of the United States to this terri- 
tory came from the expedition of Lewis and Clark and was 
settled later by treaties with Spain, Russia, and England 
in 181 9, 1825, and 1846. The forty-ninth parallel was 
finally fixed as oiir northern boundary. 

5. New Mexico and California were obtained in 1848 
as a result of the Mexican War and the payment of 
$15,000,000. 

6. The Gadsden Purchase was secured in 1853 for 
$10,000,000. It consisted of a strip of southern Arizona 
and New Mexico. 

7. Alaska was purchased from Russia in 1867, for 
$7,200,000. 

8. The Hawaiian Islands were annexed by a joint 
resolution of Congress in 1898. 

9. By the terms of the treaty at the close of the Spanish- 
American War, 1898, the United States paid Spain 



RELATIONS BETWEEN STATES 257 



$20,000,000 and Spain ceded to the United States Porto 
Rico and other islands in the West Indies, in the Ladrones, 
and the PhiHppine Islands. In addition to this, Spain 
gave up all claims to Cuba, which was taken under mili- 
tary control by the United States until 1902, when it 
became an independent republic, but is still under the 
protection of the United States. 

10. Tutuila and others of the Samoan Islands were 
acquired by the United States in 1900 by a treaty with 
England and Germany. 

11. The Panama Canal strip, ten miles in width, five 
miles on each side of the center of the Panama Canal, 
was obtained by treaty with the Republic of Panama in 
1904. 

Government of Territorial Possessions, — Congress has 
not laid down any set of rules for the government of 
territorial possessions. Instead, it has dealt with each 
territory according to its needs and conditions ; sometimes 
it has permitted National domain to come into statehood 
immediately, as in the case of California, sometimes it 
has provided liberally for local self-government, as in 
Hawaii, and sometimes it has kept almost entire control 
of the territory, as in the case of Alaska. So long as the 
territories were a part of our continental area, were 
settled by people of our own race, and were merely states 
in the process of development, the problem of governing 
the territories was not a difficult one. But with the acqui- 
sition of lands the people of which are of other races, 
with different abilities and ideas, the question of govern- 
ment became a difficult and serious one. Because of these 
conditions our possessions may be divided into territories, 
such as Hawaii; partially organized territories, such as 
Porto Rico and the Philippines, and unorganized terri- 
tories such as Tutuila and the Canal Zone. Unorganized 



258 CIVICS AND CITIZENSHIP 

territories, have no local law-making body, but are gov- 
erned directly by Federal officers. 

Federal Expansion. — Through steady growth our 
country has come to be one of the largest and most 
powerful nations of the world. This has not been accom- 
plished by a policy of grasping everything within reach, 
by forcing the authority of the United States wherever 
possible, but rather it has been a natural, inevitable 
growth, and wherever the government of the United 
States has reached it has meant the greatest liberty and 
self -development. It has been the policy of this country 
to govern its possessions, not for profit alone, but for the 
advancement and betterment of the governed, to the end 
that they may become more and more capable of self- 
government. 

Section IV. The United States shall guarantee to every 
State in this Union a republican form of government, and 
shall protect each of them against invasion; and on applica- 
tion of the legislature, or of the Executive {when the legis- 
lature can not be convened) against domestic violence. 

A republican form of government is one in which the 
power rests with the people and is exercised by represen- 
tatives elected by them. Our National Government is 
republican, each of the states is republican, and of course 
no new state should be admitted whose government does 
not conform to this standard, nor would it be just for the 
United States to deny such a government to any state. 
A monarchy among our republican states would be an 
unnatural condition. 

Protecting a state against invasion or rebellion is 
protecting the Nation itself, and it is reasonable that this 
power should rest with the National Government. The 
President is authorized to supply this protection by 
means of the army and navy at his command. 



RELATIONS BETWEEN STATES 259 

Domestic violence is resistance to the law and authority 
of a state. Suppose that a large body of people within a 
state should refuse to obey a certain law, and the police 
and sheriffs were unable to maintain order. The officers 
would then call on the governor of the state for assistance; 
the governor, if he saw fit, could call out the state militia, 
and if order still could not be obtained, the legislature 
or the governor could ask the President for aid, and if 
the President believed it necessary, he could at once send 
national troops to put an end to the disturbance. 



QUESTIONS 

1. Explain what is meant by the words "full faith and credit 
shall be given in each state to the public acts, records, and judicial 
proceedings of every other state." Give examples. 

2. Give rights of a citizen moving from one state to another. 

3. If a Kansas man should commit a crime and go to Oklahoma, 
what could be done about the matter? Explain requisition. 
What is national extradition? 

4. What does the Constitution say about the admission of new 
states? How is it done? What were the last two territories 
admitted? Are there any territories in Continental United States? 

5. What is a territory? How is it governed? 

6. Give the boundaries of the United States at the close of the 
Revolutionary War. Point out these boundaries on a map. Show 
how much of this was settled when Washington became President. 

7. How many states at the present time? How many of these 
are a part of the original area? Compare the original area with the 
present area of the United States? 

8. Name acquisitions of territory, giving date, price, terms, and 
area of each. Discuss expansion of our country, 

9. Discuss the different ways in which Congress has dealt with 
territory. Why is the question of territorial government more 
serious today than in former times? 

10. What may be done in case of invasion of a state? Of riot 
or rebellion? 



CHAPTER XXV 
GENERAL PROVISIONS 

Article V. The Congress, whenever two-thirds of both 
Houses shall deem it necessary, shall propose amendments 
to this Constitution, or, on the application of the legislatures 
of two-thirds of the several states, shall call a convention for 
proposing amendments, which, in either case, shall he valid 
to all intents and purposes as part of this Constitution when 
ratified by the legislatures of three-fourths of the several 
States, or by conventions in three-fourths thereof, as the one 
or the other mode of ratification may be proposed by the 
Congress; provided, that no amendment which may be made 
prior to the year one thousand eight hundred and eight shall 
in any manner affect the first and fourth clauses in the 
ninth section of the first article; and that no State, with- 
out its consenty shall be deprived of its equal suffrage in the 
Senate. 

There are two methods by which the Constitution may 
be changed: 

1 . Congress may, by a two-thirds vote of both houses, 
propose an amendment which must then be ratified by 
three-fourths of the states. 

2. Two-thirds of the states may petition Congress to 
call a Convention to consider desired amendments. Any 
amendments proposed by this convention must be rati- 
fied by three-fourths of the states. 

The second method has never been used. During the 
first hundred years of our Government over 1900 amend- 
ments were offered, and of this number only fifteen have 
been added to the Constitution, so while amendment is 

260 



GENERAL PROVISIONS 261 

possible the large majorities required by the Constitution 
effectually prevent hasty or careless changes. 

A Sixteenth Amendment is now pending, that, *'The 
Congress shall have power to lay and collect taxes on 
incomes, from whatsoever source derived, without ap- 
portionment among the several states, and without regard 
to any census or enumeration." 

The income tax is levied by many of the foreign 
governments and was used by our Government during 
the Civil War, but when Congress passed a law in 1894 
laying a tax on incomes the Supreme Court declared 
it unconstitutional by deciding that it is a direct tax 
and must therefore be apportioned among the states 
according to the population, an impossible thing to 
do. 

The resolution proposing the amendment passed the 
Senate by a unanimous vote and the House of Representa- 
tives by a vote of 317 to 14. Ratification by the legis- 
latures of three-fourths of the states is necessary to 
make it effective. It was offered to the states in 1909 
and at this time, (May, 1912), thirty-one states, includ- 
ing Kansas, have ratified. 

A Seventeenth Amendment, providing for Direct Election 
of Senators, is now before the states for ratification. 
Review page 187. 

Article VI — i. All debts contracted and engagements 
entered into, before the adoption of this Constitution, shall 
be as valid against the United States under this Constitution 
as under the Confederation. 

Since the American people who adopted the Constitu- 
tion were the same nation of people who fought in the 
Revolutionary War, they recognized that their debts and 
contracts would be just as binding under the new govern- 
ment as before, and by placing this clause in the Consti- 



262 CIVICS AND CITIZENSHIP 

tution they gained the respect and confidence of the 
other nations. 

2. This Constitution, and the laws of the United States 
which shall he made in pursuance thereof, and all treaties 
made, or which shall be made, under the authority of the 

United States, shall he the supreme law of the land; and 
the judges in every State shall he hound therehy, anything 
in the Constitution or laws of any Slate to the contrary not- 
withstanding. 

This clause emphasized, beyond the shadow of a doubt, 
the fact that the National Constitution, laws, and treaties 
are the supreme law, that is, the highest law in the land. 
No law may stand in conflict with the National law. 

3. The Senators and Representatives before mentioned, 
and the members of the several State Legislatures, and all 
executive and judicial officers, both of the United States 
and of the several States, shall he hound by oath or affirmation 
to support this Constitution; hut no religious test shall ever 
be required as a qualification to any office or public trust 
under the United States. 

Not only is the Constitution declared to be the supreme 
law, but all national and state officers must solemnly 
promise to support it. 

QUESTIONS 

1. How many methods of amending the Constitution? Give 
them. 

2. Have many amendments to the Constitution been offered? 
How many have been adopted? Does this lead you to beHeve 
that hasty amendments may be made? 

3. Is any amendment now pending? Explain. 

4. What was the attitude of the new nation toward the debts 
contracted before the estabHshment of the National Government? 

5. What is the supreme law of the land? 

6. What does the Constitution say about religion? 



CHAPTER XXVI 
BILL OF RIGHTS 

Bill of Rights. — There are two general sources from 
which life or property may be threatened: (i) the acts 
of individuals, and (2) the acts of government through 
its officials. We who live in America today are enjoying 
what is probably the most liberal government in the 
world, and we can scarcely realize what it would mean to 
be ruled by despotic authority; to be arrested and im- 
prisoned at the will of officials and to be denied the right 
of an early trial ; to be punished for speaking or printing 
our opinions regarding such raatters as politics and 
religion; to have our houses searched at the pleasure of 
officials. But we may gather some idea of the attitude of 
the colonists toward these oppressions when we read of 
the way they rebelled against such measures as the Stamp 
Act, the Quartering Act, and the Intolerable Acts of the 
Enghsh Government. When they secured their indepen- 
dence a Bill of Rights became a part of each of their state 
constitutions. By a Bill of Rights is meant a guarantee 
of certain rights belonging to the people as individuals. 
When the Constitution came before the people for rati- 
fication, the objection was made that it contained no Bill 
of Rights, and although Alexander Hamilton and other 
friends of the Constitution asserted that it gave no power 
to take away popular rights guaranteed by the state 
constitutions, a number of the states, following the lead of 
Massachusetts, ratified with the understanding that a 
Bill of Rights would be offered as amendments to the 

Constitution. 

263 



264 CIVICS AND CITIZENSHIP 

During the first session of Congress, nearly two hundred 
amendments were offered, and finally ten of them were 
adopted. They went into force in 1791. These ten 
amendments are concerned with the rights of the people, 
and are often called the Bill of Rights. 

Article i. Congress shall make no law respecting an 
establishment of religion, or prohibiting the free exercise 
thereof; or abridging the freedom of speech, or of the press; 
or the right of the people peaceably to assemble and to petition 
the government for a redress of grievances. 

Religion and Government. — During colonial days 
there was a very close connection between the affairs of 
church and government. Religious qualifications were 
required for voting and office holding, and very strict 
laws were passed regarding attendance at church and the 
observance of the Sabbath. The idea of religious liberty 
grew slowly, but by the close of the Revolution many of 
the restrictions had disappeared. When the Constitu- 
tion was written the idea of liberty had grown so strong 
that the clause was inserted, ^ ' no religious test shall ever 
be required as a qualification to any office or public trust 
under the United States. " This did not satisfy the people, 
and in the first amendment that was added to the Consti- 
tution we find the words: *' Congress shall make no law 
respecting an establishment of religion, or prohibiting the 
free exercise thereof." 

This amendment means an absolute separation of the 
church and the National Government. It does not restrict 
the state governments, however, in the support of religion, 
and many of them did for some years contribute to the 
support of the churches in different ways. Most of the 
states now prohibit such support. A few states make 
a belief in God a condition for holding office. A method 
of assistance that is very general among the states is 



BILL OF RIGHTS 265 



that of exempting religious bodies from taxation on their 
property. The importance of this is seen when we con- 
sider that the religious bodies of the United States own 
property to the value of about $700,000,000. Kansas 
exempts both church and school property from taxation. 

The attitude of our government is not that religion is 
a matter of slight importance, for its deep significance is 
fully recognized, but that it is a matter of private concern; 
that churches are voluntary organizations, and that there 
should be complete separation of church and government, 
or of church and state, as it is usually expressed. 

Read Section 7 of the Kansas Constitution, page 154. 

Freedom of Speech and Press. — One of the most certain 
means by which a government may become tyrannical 
is the denial to the people of the right to express themselves 
freely in speech or print. But this freedom does not mean 
that they have the right to abuse this privilege by wrong- 
ing others in their rights or reputations, or by saying or 
publishing what is immoral. It means that Congress 
cannot establish a censorship and thus prevent the full 
expression of opinion. The reputation of citizens is 
protected because all of the states have laws which furnish 
protection against slander and libel. 

Slander consists in speaking maliciously against the 
reputation of any person. One who is slandered may 
bring action for damages. 

Lihel is published slander, and is considered a greater 
offense than slander because it has a wider circulation 
and thus causes greater injury. It is punishable criminal- 
ly, as well as by damages. 

Assembly. — The right of peaceable assembly was 
another right often denied in the past, for fear people 
might plot against the government ; but in this country, 
because the people themselves control the government, 



266 CIVICS AND CITIZENSHIP 

there is no such danger. However, if any assemblage 
becomes riotous it may be suppressed under state laws 
which prevent disturbance of the peace. 

Petition. — The right of petition is another means of 
bringing public opinion to the attention of the Govern- 
ment. 

Article II. A well-regulated militia, being neces- 
sary to the security of a free State, the right of the people to 
keep and bear arms shall not be infringed. 

If it were necessary for the people to remain unarmed, 
a large standing army would be necessary for their pro- 
tection, but since the people do not want a large army, 
it is necessary that they have the right to keep and bear 
arms. However, the carrying of concealed weapons is 
considered dangerous and is generally forbidden by state 
law. 

Article III. No soldier shall, in time of peace, be 
quartered in any house without the consent of the owner, 
nor in time of war, but in a manner to be prescribed by 
law. 

This does away with another method of tyranny that 
the colonists endured. 

Article IV. The right of the people to be secure in 
their persons, houses, papers, and effects, against unreason- 
able searches and seizures, shall not be violated, and no 
warrants shall issue but upon probable cause, supported by 
oath or affirmation, and particularly describing the place 
to be searched, and the persons or things to be seized. 

Before the Revolution, English officers could enter any 
house by day or night and seize any letters, papers, or 
persons. The famous Writs of Assistance were an example 
of the methods used. 

The fourth amendment states under what conditions 
searches and seizures may be made. 



BILL OF RIGHTS 267 



^ I. The complaining party must take oath or affirma- 
tion that a crime has been committed and that there are 
good reasons to suspect that the persons or things to be 
seized are concealed in some particular place. 

2. A warrant must be issued. 

3. The warrant must describe the place to be searched 
and the persons or things to be seized. 

Of cotirse any officer may force his way into a house 
and make arrest without a warrant if it is known that 
a crime is being committed, but the officer must be able 
to prove that his action was necessary for the public good. 

Article V. No person shall be held to answer for a 
capital, or otherwise infamous crime, unless on a present- 
ment or indictment of a grand jury except in cases arising 
in the land or naval forces, or in the militia, when in actual 
service in time of war or public danger; nor shall any person 
be subject for the same ofense to be twice put in jeopardy 
of life or limb; nor shall be compelled in any criminal 
case to be a witness against himself, nor be deprived of life, 
liberty, or property, without due process of law; nor shall 
private property be taken for public use without just com- 
pensation. 

''Twice in jeopardy" means that if a person is once 
tried for a crime, whether found guilty or not guilty, he 
cannot be tried again for the same offense. He himself 
may apply for a new trial, but this is for his own benefit 
and does not put him in jeopardy or danger a second time. 

In early times accused persons were burned, starved, 
tortured, and threatened, to compel them to confess them- 
selves guilty, and innocent people were often driven to a 
confession to end their sufferings. But under the Consti- 
tution no man can be compelled to testify against himself. 

Article VI, In all criminal prosecutions the accused 
shall enjoy the right to a speedy and public trial, by an 



268 CIVICS AND CITIZENSHIP 

impartial jury of the State and district wherein the crime 
shall have been committed, which district shall have been 
previously ascertained by law, and to be informed of the 
nature and cause of the accusation; to be confronted with 
the witnesses against him; to have compulsory process for 
obtaining witnesses in his favor, and to have the assistance 
of counsel for his defense. 

It would be very unjust to keep a person imprisoned 
for a long period of time, awaiting trial, and a public trial 
is more likely to be fair than if it were conducted in 
secret; therefore, anyone who is accused of a crime shall 
be given ''the right to a speedy and public trial." 

In order that the accused may have every chance to 
prove his innocence he may : 

(i) Be tried in the district where the crime was com- 
mitted. 

(2) Be tried by an impartial jury. 

(3) Be informed of the charge against him. 

(4) Bring witnesses in his own favor. The court must 
compel these witnesses to testify if necessary. 

(5) Have counsel for his defense, that is, he may have 
a lawyer to defend his case. The Government must pay 
for this lawyer if the accused is unable to do so. 

Article VII. In suits at common law, where the value 
in controversy shall exceed twenty dollars, the right of trial 
by jury shall be preserved, and no fact tried by a jury shall 
be otherwise re-examined in any court of the United States, 
than according to the rules of the common law. 

A trial by jury may be had in all criminal cases and in 
all civil cases where the amount involved is more than 
twenty dollars. 

Article VIII. Excessive bail shall not be required 
nor excessive fines imposed, nor cruel and unusual punish- 
ments inflicted. 



BILL OF RIGHTS 269 



If such a large amount of bail should be required that 
it could not be obtained, the result would be the same as 
though the privilege of bail were denied. 

The First Eight Amendments.— It should be remem- 
bered that the provisions of the first eight amendments 
are restrictions on the National Government only. Noth- 
ing is said that prohibits the states from doing any of 
these things. However, all of the states have embodied 
similar provisions in their constitutions. Turn to the 
Bill of Rights of the Kansas Constitution, page 153, and 
compare its provisions with those of the National Bill 
of Rights. 

Article IX. The enumeration in the Constitution of 
certain rights shall not be construed to deny or disparage 
others retained by the people. 

Because the foregoing rights of the people have been 
named, it must not be supposed that other rights not 
named are denied them, for it would not be possible to 
name in detail every right which might at some time be 
necessary. Moreover, the states are in general the guar- 
dians of their citizens. 

Article X. The powers not delegated to the United 
States by the Constitution, nor prohibited by it to the 
States, are reserved to the States respectively or to the 
people. 

In order to keep the National Government from exer- 
cising general powers over state citizens the tenth amend- 
ment very clearly reserves all authority not definitely 
granted to the United States, and makes the states and 
the people of the states holders of undelegated or inherent 
powers. 

Article XL The judicial power of the United States 
shall not be construed to extend to any suit in law or equity, 
commenced or prosecuted against one of the United States 



270 CIVICS AND CITIZENSHIP 

by citizens of another State, or by citizens or subjects of any 
foreign State. 

It is impossible for any person to sue a state of which he 
is not a citizen, in the United States Courts. 

Article XIII. Neither slavery nor involuntary servi- 
tude, except as a punishment for crime, whereof the party 
shall have been duly convicted, shall exist within the United 
States, or any place subject to their jurisdiction. 

The Thirteenth Amendment was adopted at the close 
of the Civil War for the purpose of abolishing slavery. 

Article XIV — All persons born or naturalized in the 
United States, and subject to the jurisdiction thereof, are cit- 
izens of the United States and of the State wherein they reside. 
No State shall make or enforce any law which shall abridge 
the privileges or immunities of citizens of the United States; 
nor shall any State deprive any person of life, liberty, or 
property, without due process of law, nor deny to any per- 
son within its jurisdiction the equal protection of the laws. 

The Fourteenth Amendment defines citizenship and 
provides for equal rights for all citizens. 

Article XV. The right of citizens of the United States 
to vote shall not be denied or abridged by the United States, 
or by any State, on account of race, color, or previous con- 
dition of servitude. 

This amendment was adopted in 1870, in order to give 
the negro the full right of suffrage. 

It will be noted that the last three articles were adopted 
after the Civil War and pertain to the rights of the negro. 
The Thirteenth Amendment gives him freedom, the Four- 
teenth gives him citizenship, and the Fifteenth gives him 
the right to vote. 



BILL OF RIGHTS 271 



QUESTIONS 

1. What are some of the privileges that we enjoy to-day that 
did not belong to all of the people in colonial days? 

2. What is a bill of rights? Did the Constitution when offered 
to the states for ratification contain a bill of rights? What was the 
attitude of the people toward this matter? Mow did the present 
bill of rights become a part of the Constitution? How many 
amendments does it contain? 

3. Explain the guarantee of religious freedom. 

4. Discuss the value of freedom of speech and press. How 
may these privileges be abused? Define slander and libel. Discuss 
right of assembly and right of petition. 

5. Discuss the right of the people to keep and bear arms. 

6. Explain the matter of search and seizure. 

7. How many times may a person be tried for a crime? 

8. Discuss the right of every person to a speedy trial; a public 
trial. Give the rights guaranteed to every accused person. 

9. Discuss right of trial by jury. 

10. What is said of bail and fines? 

11. Do the rights guaranteed in the bill of rights protect us 
from state or from National wrongs? Explain. 

12. Is it to be supposed that all of the rights of the people 
have been enumerated in the Constitution? 

13. Explain Article X. Why was this amendment adopted? 

14. Read and discuss Article XI. 

15. Read and explain the Thirteenth Amendment; The Four- 
teenth Amendment; The Fifteenth Amendment. What did these 
three amendments do f©r the negro? 



CHAPTER XXVII 
DEVELOPMENT OF THE CONSTITUTION 

Nature of the Constitution. — Had the men who drew 
up the Constitution, attempted to give with exactness 
the Hmits of the powers and duties of the Federal Govern- 
ment, the Constitution would have long since been out- 
grown. But this was not done. A constitution is only a 
framework of government, and gives general principles 
but not details. 

The details of our government have been filled in by 
statutes, by judicial decisions, and by usage. These 
details may change from time to time to suit the varying 
needs of the people. For this reason, the Constitution 
with but fifteen amendments still supplies the foundation 
for our Federal union. 

State and Federal Rights. — But while the form of the 
Constitution has remained the same, there has been much 
change in its application. 

In 1790, the people were much more attached to their 
state governments than to the Nation, and the question 
of state and national rights divided the whole people 
luitil the close of the Civil War. 

This is no longer an issue; the liberal view of national 
power has become a part of our conception of government. 

Expansion of Power. — The growth in territory, popu- 
lation, and industry has necessitated a great expansion 
of the powers granted to the Government. This may be 
seen in the development of the postal system, which now 
includes a money order department, city and rural de- 
livery, postal savings banks, etc., none of which are men- 

272 



DEVELOPMENT OF THE CONSTITUTION 273 



tioned in the Constitution. Under the power to levy 
duties Congress has estabhshed a tariff. Under the power 
''to regulate commerce" it has spent vast sums in im- 
proving rivers and harbors. This progress was provided 
for in the Constitution in the words "provide for the 
general welfare," and in the last power granted to 
Congress, ''to make all laws which shall be necessary 
and proper for carrying into execution the foregoing 
powers." 

New Powers. — Powers for which no authority can be 
found in the Constitution, have been exercised by the 
National Government, on the general theory that, as the 
central government, it may do for the welfare of the 
people, whatever is not forbidden by the Constitution, or 
does not interfere with the rights of the states. It is not 
always easy to decide whether a power is exercised under 
the clause of "implied powers," or whether it lies entirely 
outside of the Constitution. Examples of the latter class 
would be the work of the Department of Agriculture, of 
the Bureau of Corporations, Education, Reclamation, 
Pensions, Labor and much other of the valuable service of 
Government. The acquirement of new territory is not 
in any way mentioned in the Constitution, but it is a 
power that has been largely exercised. 

Growth of Democracy. — Through the extension of the 
right of suffrage, the regulation of which is given by the 
Constitution to the states, the government of our country 
has grown far more democratic than it was a hundred 
years ago, when only land owners could vote. At that 
time "the People" meant only a portion of the grown 
white men of the country; today it means practically all 
of the grown men, white, or black and an increasing 
number of the grown women; altogether about 16,000,000 
people, or one-fifth of the total number, are voters. 



274 CIVICS AND CITIZENSHIP 

The Spirit of Democracy. — The spirit of democracy 
has not flourished in America alone. During the last 
century, in nearly every nation of the world, the power of 
the people has been steadily increasing. The right to 
vote has been extended, laws have been made with more 
and more regard for the needs and wishes of the people, 
and governments have become more democratic in form. 
The years that have passed since the formation of our 
Government have been filled with the struggles of other 
peoples for democracy, extending from the overthrow 
of the French monarchy in 1789, to the establishment of 
the Chinese Republic in the closing days of 191 1. Dem- 
ocracy gives promise of becoming world-wide. 

QUESTIONS 

1. What is a constitution? Why has our Constitution not been 
outgrown? 

2. Explain the change in the attitude of the people toward state 
rights and national rights since the adoption of the Constitution. 

3. Discuss the expansion of national power. Give examples. 

4. Discuss the development of new powers of the National 
Government. Name some such powers. 

5. What does the Constitution say about acquiring new territory? 

6. What is meant by democracy? Discuss the growth of democ- 
racy in our country. In other countries. 



Let, then, the rising generation be inspired 
with an ardent love for their country, and an 
unquenchable thirst for liberty, and a pro- 
found reverence for the Constitution and the 
Union. Let the American youth never forget 
that they possess a noble inheritance, bought 
by the toils and sufferings and blood of their 
ancestors; and capable, if wisely improved 
and faithfully guarded, of transmitting to 
their latest posterity all the substantial bless- 
ings of life, the peaceful enjoyment of liberty, 
of property, of religion, and of independence. 
The structure has been erected by architects of 
consummate skill and fidelity; its foundations 
are solid; its compartments are beautiful as 
well as useful; its arrangements are full of 
wisdom and order; and its defenses are im- 
pregnable from without. — Joseph Story. 



CONSTITUTION OF THE UNITED STATES OF 

AMERICA 

We, the people of the United States, in order to form a more 
perfect union, estabhsh justice, insure domestic tranquilUty, pro- 
vide for the common defence, promote the general welfare, and 
secure the blessings of liberty to ourselves and our posterity, do 
ordain and establish this Constitution for the United States of 
America. 

ARTICLE I 

Section i . All legislative powers herein granted shall be vested 
in a Congress of the United States, which shall consist of a Senate 
and a House of Representatives. 

Sect. II. — i. The House of Representatives shall be composed 
of members chosen every second year by the people of the several 
States, and the electors in each State shall have the qualifications 
requisite for electors of the most numerous branch of the State 
Legislature. 

2. No person shall be a Representative who shall not have 
attained to the age of twenty-five years, and been seven years a 
citizen of the United States, and who shall not, when elected, be 
an inhabitant of that State in which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned among 
the several States which may be included within this Union, accord- 
ing to their respective numbers, which shall be determined by add- 
ing to the whole number of free persons, including those bound to 
service for a term of years, and excluding Indians not taxed, three 
fifths of all other persons. The actual enumeration shall be made 
within three years after the first meeting of the Congress of the 
United States, and within every subsequent term of ten years, in 
such manner as they shall by law direct. The number of Repre- 
sentatives shall not exceed one for every thirty thousand, but each 
State shall have at least one representative; and until such enu- 
meration shall be made, the State of New Hampshire shall be enti- 
tled to choose three, Massachusetts eight, Rhode Island and Provi- 
dence Plantations one, Connecticut five. New York six. New Jersey 

276 



CONSTITUTION OF THE UNITED STATES 277 

four, Pennsylvania eight, Delaware one, Maryland six, Virginia 
ten. North Carolina five, South Carolina five, and Georgia three. 

4. When vacancies happen in the representation from any State 
the Executive authority thereof shall issue writs of election to fill 
such vacancies. 

5. The House of Representatives shall choose their Speaker and 
other officers; and shall have the sole power of impeachment. 

Sect. HI. — i. The Senate of the United States shall be com- 
posed of two Senators from each State, chosen by the legislature 
thereof, for six years; and each Senator shall have one vote. 

2. Immediately after they shall be assembled in consequence of 
the first election, they shall be divided as equally as may be into 
three classes. The seats of the Senators of the first class shall be 
vacated at the expiration of the second year, of the second class at 
the expiration of the fourth year, and of the third class at the ex- 
piration of the sixth year, so that one third may be chosen every 
second year; and if vacancies happen by resignation or otherwise, 
during the recess of the legislature of any State, the Executive 
thereof may make temporary appointments until the next meeting 
of the legislature, which shall then fill such vacancies. 

3. No person shall be a Senator who shall not have attained to 
the age of thirty years, and been nine years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that 
State for which he shall be chosen. 

4. The Vice-President of the United States shall be President of 
the Senate, but shall have no vote, unless they be. equally divided. 

5. The Senate shall choose their other officers, and also a 
President pro tempore, in the absence of the Vice-President, or 
when he shall exercise the office of President of the United States. 

6. The Senate shall have the sole power to try all impeach- 
ments. When sitting for that purpose, they shall be on oath or 
affirmation. When the President of the United States is tried, the 
Chief Justice shall preside: and no person shall be convicted with- 
out the concurrence of two thirds of the members present. 

7. Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and enjoy 
any office of honor, trust or profit under the United States: but 
the party convicted shall nevertheless be liable and subject to in- 
dictment, trial, judgment and punishment, according to law. 

Sect. IV. — i. The times, places and manner of holding elec- 
tions for Senators and Representatives shall be prescribed in each 



278 CIVICS AND CITIZENSHIP 

State by the legislature thereof; but the Congress may at any time 
by law make or alter such regulations, except as to the places of 
choosing Senators. 

2. The Congr.ess shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless they 
shall by law appoint a different day. 

Sect. V. — i. Each house shall be the judge of the elections, 
returns and qualifications of its own members, and a majority of 
each shall constitute a quorum to do business; but a smaller num- 
ber may adjourn from day to day, and may be authorized to compel 
the attendance of absent members, in such manner, and under such 
penalties, as each house may provide. 

2. Each house may determine the rules of its proceedings, pun- 
ish its members for disorderly behavior, and with the concurrence 
of two thirds, expel a member. 

3. Each house shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may in their 
judgment require secrecy; and the yeas and nays of the members 
of either house on any question shall, at the desire of one fifth of 
those present, be entered on the journal. 

4. Neither house, during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, nor 
to any other place than that in which the two houses shall be 
sitting. 

Sect, VI. — i . The Senators and Representatives shall receive a 
compensation for their services, to be ascertained by law and paid 
out of the treasury of the United States. They shall in all cases 
except treason, felony and breach of the peace, be privileged from 
arrest during their attendance at the session of their respective 
houses, and in going to and returning from the same; and for any 
speech or debate in either house, they shall not be questioned in 
any other place. 

2. No Senator or Representative shall, during the time for which 
he was elected, be appointed to any civil office under the authority 
of the United States, which shall have been created, or the emolu- 
ments whereof shall have been increased, during such time; and 
no person holding any office under the United States shall be a 
member of either house during his continuance in office. 

Sect. VII. i. All bills for raising revenue shall originate in the 
House of Representatives; but the Senate may propose or concur 
with amendments as on other bills. 



CONSTITUTION OF THE UNITED STATES 279 

2. Every bill which shall have passed the House of Representa- 
tives and the Senate, shall, before it become a law, be presented to 
the President of the United States; if he approve he shall sign 
it, but if not he shall return it with his objections to that house 
in which it shall have originated, who shall enter the objections at 
large on their journal, and proceed to reconsider it. If after such 
reconsideration two thirds of that house shall agree to pass the bill, 
it shall be sent, together with the objections, to the other house, 
by which it shall likewise be reconsidered, and, if approved by two 
thirds of that house, it shall become a law. But in all such cases 
the votes of both houses shall be determined by yeas and nays, 
and the names of the persons voting for and against the bill shall 
be entered on the journal of each house respectively. If any bill 
shall not be returned by the President within ten days (Sundays 
excepted) after it shall have been presented to him, the same shall 
be a law, in like manner as if he had signed it, unless the Congress 
by their adjournment prevent its return, in which case it shall not 
be a law. 

3. Every order, resolution, or vote to which the concurrence of 
the Senate and House of Representatives may be necessary (except 
on a question of adjournment) shall be presented to the President 
of the United States; and before the same shall take effect, shall 
be approved by him, or being disapproved by him, shall be 
repassed by two thirds of the Senate and House of Representatives, 
according to the rules and limitations prescribed in the case of a 
bill. 

Sect. VI H. The Congress shall have power: 

1. To lay and collect taxes, duties, imposts, and excises, to pay 
the debts and provide for the common defence and general welfare 
of the United States; but all duties, imposts and excises shall be 
uniform throughout the United States; 

2. To borrow money on the credit of the United States; 

3. To regulate commerce with foreign nations, and among the 
several States, and with the Indian tribes; 

4. To establish an uniform rule of naturaHzation, and uniform 
laws on the subject of bankruptcies throughout the United States; 

5. To coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of weights and measures; 

6. To provide for the punishment of counterfeiting the securities 
and current coin of the United States; 

7. To establish post offices and post roads; 



280 CIVICS AND CITIZENSHIP 

8. To promote the progress of science and useful arts by secur- 
ing for limited times to authors and inventors the exclusive right 
to their respective writings and discoveries ; 

9. To constitute tribunals inferior to the Supreme Court; 

10. To define and punish piracies and felonies committed on the 
high seas and offences against the law of nations; 

11. To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water; 

12. To raise and support armies, but no appropriation of money 
to that use shall be for a longer term than two years; 

13. To provide and maintain a navy; 

14. To make rules for the government and regulation of the land 
and naval forces; 

15. To provide for calling forth the militia to execute the laws 
of the Union, suppress insurrections, and repel invasions; 

16. To provide for organizing, arming and disciplining the mili- 
tia, and for governing such part of them as may be employed in 
the service of the United States, reserving to the States respective- 
ly the appointment of the officers, and the authority of training the 
militia according to the discipline prescribed by Congress ; 

17. To exercise exclusive legislation in all cases whatsoever, 
over such district (not exceeding ten miles square) as may, by 
cession of particular States, and the acceptance of Congress, 
become the seat of government of the United States, and to exercise 
like authority over all places purchased by the consent of the legis- 
lature of the State, in which the same shall be for the erection of 
forts, magazines, arsenals, dock-yards, and other needful buildings; 
— and 

18. To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other powers 
vested by this Constitution in the government of the United States^ 
or in any department or office thereof. 

Sect. IX. i . The migration or importation of such persons as 
any of the States now existing shall think proper to admit shall not 
be prohibited by the Congress prior to the year 1808; but a tax or 
duty may be imposed on such importation, not exceeding $10 for 
each person. 

2. The privilege of the writ of habeas corpus shall not be sus- 
pended, unless when in cases of rebellion or invasion the public- 
safety may require it. 

3. No bill of attainder or ex post facto law shall be passed. 



CONSTITUTION OF THE UNITED STATES 281 

4. No capitation, or other direct tax shall be laid, unless in pro- 
portion to the census or eniimeration hereinbefore directed to be 
taken. 

5. No tax or duty shall be laid on articles exported from any 
State. 

6. No preference shall be given by any regulation of commerce 
or revenue to the ports of one State over those of another: nor 
shall vessels bound to, or from, one State, be obliged to enter, 
clear, or pay duties in another. 

7. No money shall be drawn from the treasury, but in con- 
sequence of appropriations made by law; and a regular statement 
and account of the receipts and expenditures of all public money 
shall be published from time to time. 

8. No title of nobility shall be granted by the United States : and 
no person holding any office of profit or trust under them, shall, 
without the consent of the Congress, accept of any present, emolu- 
ment, office, or title, of any kind whatever, from any king, prince, 
or foreign state. 

Sect. X. i. No State shall enter into any treaty, alliance, or 
confederation; grant letters of marque and reprisal; coin money; 
emit bills of credit; make anything but gold and silver coin a ten- 
der in payment of debts; pass any bill of attainder, ex post facto 
law, or law impairing the obligation of contracts, or grant any title 
of nobility. 

2. No State shall, without the consent of the Congress, lay any 
imposts or duties on imports or exports, except what may be ab- 
solutely necessary for executing its inspection laws: and the net 
produce of all duties and imposts, laid by any State on imports or 
exports, shall be for the use of the treasury of the United States; 
and all such laws shall be subject to the revision and control of 
the Congress. 

3. No State shall, without the consent of Congress, lay any duty 
of tonnage, keep troops, or ships of war in time of peace, enter into 
any agreement or compact with another State, or with a foreign 
power, or engage in war, unless actually invaded, or in such im- 
minent danger as will not admit of delay. 



282 CIVICS AND CITIZENSHIP 



ARTICLE II. 

Section I, i . The executive power shall be vested in a President 
of the United States of America. He shall hold his office during the 
term of four years, and together with the Vice-President, chosen 
for the same term, be elected as follows: 

2. Each State shall appoint, in such manner as the legislature 
thereof may direct, a number of electors, equal to the whole num- 
ber of Senators and Representatives to which the State may be en- 
titled in the Congress; but no Senator or Representative, or per- 
son holding an office of trust or profit under the United States, 
shall be appointed an elector. 

[The electors shall meet in their respective States, and vote by 
ballot for two persons, of whom one at least shall not be an in- 
habitant of the same State with themselves. And they shall make 
a list of all the persons voted for, and of the number of votes for 
each; which Hst they shall sign and certify, and transmit sealed to 
the seat of the government of the United States, directed to the Presi- 
dent of the Senate. The President of the Senate shall, in the 
presence of the Senate and House of Representatives, open all the 
certificates, and the votes shall then be counted. The person hav- 
ing the greatest number of votes shall be the President, if such 
number be a majority of the whole number of electors appointed; 
and if there be more than one who have such majority, and have 
an equal number of votes, then the House of Representatives shall 
immediately choose by ballot one of them for President; and if no 
person have a majority, then from the five highest on the list the 
said house shall in like manner choose the President. But in 
choosing the President the votes shall be taken by States, the rep- 
resentation from each State having one vote; a quorum for this 
purpose shall consist of a member or members from two thirds of 
the States, and a majority of all the States shall be necessary to a 
choice. In every case, after the choice of the President, the person 
having the greatest number of votes of the electors shall be the 
Vice-President. But if there should remain two or more who have 
equal votes, the Senate shall choose from them by ballot the Vice- 
President.] 

3. The Congress may determine the time of choosing the 
electors, and the day on which they shall give their votes; which 
day shall be the same throughout the United States. 

4. No person except a natural born citizen, or a citizen of the 



CONSTITUTION OF THE UNITED STATES 283 

United States, at the time of the adoption of this Constitution, shall 
be eligible to the office of President; neither shall any person be 
eligible to that office who shall not have attained to the age of 
thirty-five years, and been fourteen years a resident within the 
United States. 

5. In case of the removal of the President from office or of his 
death, resignation, or inability to discharge the powers and duties 
of the said office, the same shall devolve on the Vice-President, and 
the Congress may by law provide for the case of removal, death, 
resignation, or inability, both of the President and Vice-President, 
declaring what officer shall then act as President, and such officer 
shall act accordingly, until the disability be removed, or a Presi- 
dent shall be elected. 

6. The President shall, at stated times, receive for his services, 
a compensation, which shall neither be increased nor diminished 
during the period for which he shall have been elected, and he shall 
not receive within that period any other emolument from the United 
States, or any of them. 

7. Before he enter on the execution of his office, he shall take 
the following oath or affirmation: — 'T do solemnly swear (or af- 
firm) that I will faithfully execute the office of President of the 
United States, and will to the best of my ability, preserve, protect 
and defend the Constitution of the United States." 

Sect. II. i. The President shall be commander-in-chief of the 
army and navy of the United States, and of the militia of the 
several States, when called into the actual service of the United 
States; he may require the opinion, in writing, of the principal 
officer in each of the executive departments, upon any subject 
relating to the duties of their respective offices, and he shall have 
power to grant reprieves and pardons for offences against the United 
States, except in cases of impeachment. 

2. He shall have power, by and with the advice and consent of 
the Senate, to make treaties, provided two thirds of the Senators 
present concur; and he shall nominate, and by and with the advice 
and consent of the Senate, shall appoint ambassadors, other public 
ministers and consuls, judges of the Supreme Court, and all other 
officers of the United States, whose appointments are not herein 
otherwise provided for, and which shall be estabhshed by law: but 
the Congress may by law vest the appointment of such inferior 
officers, as they think proper, in the President alone, in the courts of 
law. or in the heads of departments. 



284 CIVICS AND CITIZENSHIP 

3. The President shall have power to fill up all vacancies that 
may happen during the recess of the Senate, by granting commis- 
sions which shall expire at the end of their next session. 

Sect. III. He shall from time to time give to the Congress in- 
formation of the state of the Union, and recommend to their con- 
sideration such measures as he shall judge necessary and expedient ; 
he may, on extraordinary occasions, convene both houses, or either 
of them, and in case of disagreement between them, with respect 
to the time of adjournment, he may adjourn them to such time as 
he shall think proper; he shall receive ambassadors and other 
public ministers; he shall take care that the laws be faithfully 
executed, and shall commission all the officers of the United 
States. 

Sect. IV. The President, Vice-President and all civil officers 
of the United States, shall be removed from office on impeachment 
for, and conviction of, treason, bribery, or other high crimes and 
misdemeanors. 

ARTICLE HI. 

Section I. i. The judicial power of the United States, shall be 
vested in one Supreme Court, and in such inferior courts as the Con- 
gress may from time to time ordain and establish. The judges, 
both of the Supreme and inferior courts, shall hold their offices 
during good behavior, and shall, at stated times, receive for their 
services, a compensation, which shall not be diminished during their 
continuance in office. 

Sect. II. i. The judicial power shall extend to all cases, in law 
and equity, arising under this Constitution, the laws of the United 
States, and treaties made or which shall be made, under their au- 
thority; — to aU cases affecting ambassadors, other public minis- 
ters and consuls; — to all cases of admiralty and maritime juris- 
diction; — to controversies to which the United States shall be a 
party; — to controversies between two or more States; — between 
a State and citizens of another State; — between citizens of different 
States; — between citizens of the same State claiming lands under 
grants of different States, and between a State, or the citizens 
thereof, and foreign states, citizens or subjects. 

2. In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be a party, the Supreme 
Court shall have original jurisdiction. In all the other cases before 
mentioned, the Supreme Court shall have appellate jurisdiction. 



CONSTITUTION OF THE UNITED STATES 285 



both as to law and fact, with such exceptions, and under such reg- 
ulations as the Congress shall make. 

3. The trial of all crimes, except in cases of impeachment, shall 
be by jury; and such trial shall be held in the State where the said 
crimes shall have been committed; but when not committed with- 
in any State, the trial shall be at such place or places as the Con- 
gress may by law have directed. 

Sect. III. i. Treason against the United States shall consist only 
in levying war against them, or in adhering to their enemies, giving 
them aid and comfort. No person shall be convicted of treason 
unless on the testimony of two witnesses to the same overt act, or 
on confession in open court. 

2. The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of blood, 
or forfeiture except during the life of the person attainted. 

ARTICLE IV. 

Section I. Full faith and credit shall be given in each State to 
the public acts, records, and judicial proceedings of every other 
State. And the Congress may by general laws prescribe the man- 
ner in which such acts, records, and proceedings shall be proved, 
and the effect thereof. 

Sect. II. i. The citizens of each State shall be entitled to all 
privileges and immunities of citizens in the several States. 

2. A person charged in any State with treason, felony, or other 
crime, who shall flee from justice, and be found in another State, 
shall on demand of the executive authority of the State from 
which he fled, be delivered up, to be removed to the State having 
jurisdiction of the crime. 

3. No person held to service or labor in one State, under the 
laws thereof, escaping into another, shall, in consequence of any 
law or regulation therein, be discharged from such service or labor, 
but shall be delivered up on claim of the party to whom such ser- 
vice or labor may be due. 

Sect. III. i. New States may be admitted by the Congress into 
this Union; but no new State shall be formed or erected within 
the jurisdiction of any other State; nor any State be formed by 
the junction of two or more States, or parts of States, without the 
consent of the legislatures of the States concerned as well as of 
the Congress. 



286 CIVICS AND CITIZENSHIP 

2. The Congress shall have power to dispose of and make all 
needful rules and regulations respecting the territory or other 
property belonging to the United States; and nothing in this Con- 
stitution shall be so construed as to prejudice any claims of the 
United States, or of any particular State. 

Sect. IV. The United States shall guarantee to every State in 
this Union a republican form of government, and shall protect 
each of them against invasion ; and on application of the legislature, 
or of the executive (when the legislature cannot be convened) 
against domestic violence. 

ARTICLE V. 

The Congress, whenever two thirds of both houses shall deem 
it necessary, shall propose amendments to this Constitution, or, 
on the application of the legislatures of two thirds of the several 
States, shall call a convention for proposing amendments, which, 
in either case shall be valid to all intents and purposes, as part of 
this Constitution, when ratified by the legislatures of three fourths 
of the several States, or by conventions in three fourths thereof, 
as the one or the other mode of ratification may be proposed by 
the Congress; provided that no amendments which may be made 
prior to the year one thousand eight hundred and eight shall in any 
manner affect the first and fourth clauses in the ninth section of 
the first article; and that no State, without its consent, shall be 
deprived of its equal suffrage in the Senate. 

ARTICLE VL 

1 . All debts contracted and engagements entered into, before the 
adoption of this Constitution, shall be as valid against the United 
States under this Constitution, as under the Confederation. 

2. This Constitution, and the laws of the United States which 
shall be made in pursuance thereof; and all treaties made, or which 
shall be made, under the authority of the United States, shall be 
the supreme law of the land; and the judges in every State shall 
be bound thereby, anything in the Constitution or laws of any 
State to the contrary notwithstanding. 

3. The Senators and Representatives before mentioned, and 
the members of the several State legislatures, and all executive 
and judicial officers, both of the United States and of the several 



CONSTITUTION OF THE UNITED STATES 287 



States, shall be bound by oath or affirmation, to support this Con- 
stitution; but no religious test shall ever be required as a qualifi- 
cation to any office or public trust under the United States. 

ARTICLE VII. 

The ratification of the conventions of nine States, shall be suf- 
ficient for the establishment of this Constitution between the States 
so ratifying the same. 

Done in Convention by the unanimous consent of the States pres- 
ent, the seventeenth day of September in the year of our Lord 
one thousand seven hundred and eighty-seven and of the Inde- 
pendence of the United States of America the twelfth. In wit- 
ness whereof we have hereunto subscribed our names. 
[Signed by] George Washington, 

President and Deputy from Virginia. 
And thirty-eight members from all the states except Rhode 
Island. 

Articles in Addition to and in Amendment of the Constitu- 
tion OF THE United States of America, Proposed by Con- 
gress, and Ratified, by the Legislatures of the Several 
States, Pursuant to the Fifth Article of the Original 
Constitution. 

Article I. — Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise thereof; or 
abridging the freedom of speech, or of the press; or the right of 
the people peaceably to assemble, and to petition the government 
for redress of grievances. 

Article II. — A well-regulated militia, being necessary to the 
security of a free State, and the right of the people to keep and bear 
arms, shall not be infringed. 

Article III. — No soldier shall, in time of peace be quartered in 
any house without the consent of the owner, nor in time of war, 
but in a manner to be prescribed by law. 

Article IV. — The right of the people to be secure in their per- 
sons, houses, papers, and effects, against unreasonable searches and 
seizures, shall not be violated, and no warrants shall issue but upon 
probable cause, supported by oath or affirmation, and particularly 
describing the place to be searched, and the persons or things to 
be seized. 



288 CIVICS AND CITIZENSHIP 

Article V. — No person shall be held to answer for a capital, or 
otherwise infamous crime, unless on a presentment or indictment of 
a grand jury except in cases arising in the land or naval forces, or 
in the militia, when in actual service in time of war and public dan- 
ger; nor shall any person be subject for the same offence to be 
twice put in jeopardy of life or limb; nor shall be compelled in 
any criminal case to be a witness against himself, nor be deprived 
of life, liberty, or property, without due process of law; nor shall 
private property be taken for public use without just compensation. 

Article VI . — In all criminal prosecutions the accused shall en- 
joy the right to a speedy and public trial, by an impartial jury of 
the State and district wherein the crime shall have been committed, 
which district shall have been previously ascertained by law, and to 
be informed of the nature and cause of the accusation; to be con- 
fronted with the witnesses against him ; to have compulsory process 
for obtaining witnesses in his favor, and to have the assistance of 
counsel for his defence. 

Article VII. — In suits at common law, where the value in contro- 
versy shall exceed twenty dollars, the right of trial by jury shall be 
preserved, and no fact tried by a jury shall be otherwise re-exam- 
ined in any court of the United States, than according to the rules 
of common law. 

Article VIII. — Excessive bail shall not be required, nor exces- 
sive fines imposed, nor cruel and unusual punishments inflicted. 

Article IX. — The enumeration in the Constitution, of certain 
rights, shall not be construed to deny or disparage others retained 
by the people. 

Article X. — The powers not delegated to the United States by 
the Constitution, nor prohibited by it to the States, are reserved to 
the States respectively, or to the people. 

Article XI. — The judicial power of the United States shall not 
be construed to extend to any suit in law or equity, commenced or 
prosecuted against any of the United States by citizens of another 
State, or by citizens or subjects of any foreign state. 

Article XII. — i. The electors shall meet in their respective 
States, and vote by ballot for President and Vice-President, one of 
whom, at least, shall not be an inhabitant of the same State with 
themselves; they shall name in their ballots the person voted for 
as President, and in distinct ballots the person voted for as Vice- 
President, and they shall make distinct lists of all persons voted for 
as President, and of all persons voted for as Vice-President, and of 



CONSTITUTION OF THE UNITED ST ATES 289 

the number of votes for each, which Hsts they shall sign and cer- 
tify, and transmit sealed to the seat of government of the United 
States, directed to the President of the Senate; — the President 
of the Senate shall, in the presence of the Senate and House of 
Representatives, open all the certificates and the votas shall then 
be counted; — the person having the greatest number of votes 
for President shall be the President, if such number be a majority 
of the whole number of electors appointed; and if no person have 
such majority, then from the persons having the highest numbers 
not exceeding three on the list of those voted for as President, the 
House of Representatives shall choose immediately, by ballot, the 
President. But in choosing the President, the votes shall be taken 
by States, the representation from each State having one vote; a 
quorum for this purpose shall consist of a member or members 
from two thirds of the States, and a majority of all the States shall 
be necessary to a choice. And if the House of Representatives 
shall not choose a President whenever the right of choice shall de- 
volve upon them, before the fourth day of March next following, 
then the Vice-President shall act as President, as in the case of the 
death or other constitutional disability of the President. — The 
person having the greatest number of votes as Vice-President, shall 
be the Vice-President, if such number be a majority of the whole 
number of electors appointed, and if no person have a majority, 
then from the two highest numbers on the list, the Senate shall 
choose the Vice-President; a quorum for the purpose shall consist 
of two thirds of the whole number of Senators, and a majority of 
the whole number shall be necessary to a choice. But no person 
constitutionally ineligible to the office of President shall be eligible 
to that of Vice-President of the United States. 

Article XIII. — Section i . Neither slavery nor involuntary ser- 
vitude, except as a punishment for crime whereof the party shall 
have been duly convicted, shall exist within the United States, or 
any place subject to their jurisdiction. 

Section 2. Congress shall have power to enforce this article by 
appropriate legislation. 

Article XIV. — Section i. All persons born or naturalized in 
the United States, and subject to the jurisdiction thereof, are citi- 
zens of the United States and of the State wherein they reside. No 
State shall make or enforce any law which shall abridge the privi- 
leges or immunities of citizens of the United States; nor shall any 
State deprive any person of life, liberty, or property, without due 



290 CIVICS AND CITIZENSHIP 

process of law; nor deny to any person within its jurisdiction the 
equal protection of the laws. 

Section 2 . Representatives shall be apportioned among the several 
States according to their respective numbers, counting the whole 
number of persons in each State, excluding Indians not taxed. But 
when the right to vote at any election for the choice of Electors for 
President and Vice-President of the United States, Representatives 
in Congress, the executive and judicial officers of a State, or the 
members of the legislature thereof, is denied to any of the male in- 
habitants of such State, being twenty-one years of age and citizens 
of the United States, or in any way abridged, except for participation 
in rebellion, or other crime, the basis of representation therein shall 
be reduced in the proportion which the number of such male citi- 
zens shall bear to the whole number of male citizens twenty-one 
years of age in such State. 

Section 3. No person shall be a Senator or Representative in 
Congress, or Elector of President and Vice-President, or hold any 
office, civil or military, under the United States, or under any State, 
who, having previously taken an oath, as a member of Congress, or 
as an officer of the United States, or as a member of any State legis- 
lature, or as an executive or judicial officer of any State, to support 
the Constitution of the United States, shall have engaged in insur- 
rection or rebellion against the same, or given aid or comfort to the 
enemies thereof. But Congress may by a vote of two thirds of each 
house, remove such disability. 

Section 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pen- 
sions and bounties for services in suppressing insurrection or re- 
bellion, shall not be questioned. But neither the United States nor 
any State shall assume or pay any debt or obligation incurred in aid 
of insurrection or rebellion against the United States, or any claim 
for the loss or emancipation of any slave; but all such debts, ob- 
ligations, and claims shall be held illegal and void. 

Section 5. The Congress shall have power to enforce by appro- 
priate legislation the provisions of this article. 

Article XV. — Section i . The right of citizens of the United 
States to vote shall not be denied or abridged by the United States 
or by any State on account of race, color, or previous condition 
of servitude. 

Section 2. The Congress shall have power to enforce this article 
by appropriate legislation. 



INDEX 



Abstract of title, 64 

Academy, military, 25, 242; naval, 
25,^242 

Acquisitions of territory, 256 

Agreement, 55-56 

Agriculture, in schools, 27; college, 
30; Secretary of, 243; depart- 
ment of, 243, 273 

Albany Convention, 177 

Alien, 109, 112, 209 

Alaska, 256, 257 

Americans, no, in 

Ambassadors, 228, 241 

Amendment, fifteenth, in; seven- 
teenth, 188, 261; twelfth, 230; 
methods of, 260; sixteenth, 261, 
263, 264; the fifteen amend- 
ments, 263-271 

Annapohs, 25, 242 

Appeal, 47, 48; courts of, 247, 248 

Appointive power, of President, 
238, 240, 245; Congressmen, 
202, 23S 

Appointive officers, 117 

Apportionment, 186 

Army, 209; size of, 217; of other 
nations, 217; cost of, 218; 236; 
deserting, 237; 258 

Articles of Confederation, 178; 
defects of, 179; failure of, 181; 

-45 
Arbitration, of labor disputes, 92; 

international, 218 
Arrest, 45; freedom from, 193; 

253; 267 
Area, of U. S., 255; continental, 

74; increase, 256 
Assessor, county, 127, 128, 135 
Assembly, right of, 265 
Attorney, county, 135 
Attorney-General, 148, 150, 234, 

242 
Auditor, 148, 150 
Australian ballot, 113, 115 
Bail, 45, 269 



Bank Commissioner, 86, 150 

Ballot, names on, 113; Austrahan, 
ii3> 115; primary, 115; short, 
117, 142^ 

Bankruptcies, 209 

Bill of particulars, 47; in Congress, 
197, 204; of Rights, 153, 263 

Blue Sky Law, 86 

Board, health, 18; school, 26; 
equahzation, 128; commission- 
ers, 135; state, 149 

Bond, 45; United States, 20S 

Borrowing money, 207 

Boss and Machine, 114, 116 

Cabinet, 234, 236, 240-243 

California, 89, 112, 116, 256 

Canals, 99, 100 

Candidates, nomination of, 113, 
232; number of 117; duty of 
citizens toward, 118, 119 

Cases, civil and criminal, 44, 150, 
248 

Caucus, 114; congressional, 232 

Certificates, gold and silver, 210 

Census, 186, 261 

Chattel mortgages, 66 

Charity, 39, 40 

Challenge, of juror, 46, 47 

Chief Justice, 44, 150, 234, 246 

Child Labor, 90-91 

Chicago, 104 

Charters, colony, 1 1 ; city, 142 

Chinese, naturalization denied, 
no, 209; republic, 274 

Cigarettes, law, 39; 252 

City, schools, 27; courts, 43; cost 
of government, 124, 141 

Cities, land owned by, 75; classes 
of, 138; government of, 139- 
144; growth of, 140; problems of, 
140; 146 

Citizen, 5, 7; responsibility of , 108; 
who are, 109; good, 7, 120; duty 
of, 130; 146; interest in state 
government, 151; 208; 252; 270 



291 



292 



INDEX 



Citizenship, 7, 69, iii, 118, 120, 

134, 137, 143, 270 

Civil, cases, 44, 47, 49; townships, 
137; war. III, 254, 272 

Civil Service, 142, 143, 238; 
reform, 239 

Cleanliness, 15 

Colleges, 24, 29, 30 

Colonies, charters of, 11; educa- 
tion, 24, 25; punishment, 36; 
industrial conditions, 84; roads, 
q6; government, 133; local 
government, 133, 134; attitude 
toward government, 177; unions 
of, 177, 178 

Coin, 210, 226 

Commerce, 147, 208, 239, 241, 
273; court of, 247 

Commerce and Labor, Secretary 
of, 234; department of, 243 

Committees, 113, 198; conference, 
199; government by, 200; ap- 
pointment of, 201 ; on rules, 202; 
national, 232 

Commissioners, county, 18, 99, 
13s, 137, 1-38; street, 140; city, 
142, 143; labor, 150; live- 
stock, 150; bank, 86, 150 

Commission, government of cities, 
142; public utility, 102; railroad, 
loi; interstate commerce, 102 

Community, 5-8, 11; relation to, 
health, 14; education, 31; poor, 
39; government, 133, i3 7 

Complaint, 45 

Congressional, townships, 137; 
districts, 185; record, 192; cau- 
cus, 232 

Contracts, 51-71; importance of, 
52; form of, 52; classes of, 52; 
essentials of, 52; of minors, 53; 
of insane persons, 55; of married 
women, 55; certainty of, 58; 
illegal, 58; in restraint of trade, 
59; written, 59; termination of, 
59; alteration of, 61; making of, 
62; written, 62; of sale, 63; 147; 
212; 226; 261 
Congress Continental, 178; under 
Confederation, 179; houses of, 
184; sessions of, 191; journal of. 



192; outline of, 195; powers of, 
205-221; implied powers, 220; 
powers denied, 224; propose 
amendments, 260; lay taxes, 
261; 254 

Consolidation, of schools, 27; of 
railroads, 103 

Consideration, 57, 63 

Constitution, written 10; 146, 179; 
of Kansas, 153-174; ratification 
of, 180; 182; amendment of, 
260; state, 263; development of, 
272-274; nature of, 272; of 
United States, 276-291 

Common Schools, 26-29 

Compulsory education, 32, 92, 253 

Constable, 137 

Consuls, 241 

Convention, nomination by, 113- 
114; constitutional, 179, 180, 
193, 220; national, 232, 233, 260 

Copyrights, 51, 215, 243 

Cost, of disease, 16; of education, 
31; crime, 38; charity, 40; trials, 
49; poor roads, 98; transporta- 
tion, loi, 102; of government, 
124; city, 124, 141; local, 124; 
state, 124 

Coroner, 136 

Corporation, land owned by, 76; 
classes of, 83; private, 83; reason 
for, 85; organizing, 85; control 
of, 88; bureau of, 88; 115; tax, 
126; 141; 147; 273 

County, 133; government, 134; 
number of, 135; ofi&cers of, 135; 
146 

County Seat, 43, 135, 137 

Courts, 2; juvenile, 37; classes of, 
43; necessity for, 43; district 
clerk of, 48, 136; city, 140; 147, 
150, 151; national, 246; district, 
circuit, appeals, 247; of arbitra- 
tion, 218 
Council, city, 139 
Counterfeiting, 211, 237 
Crime, 36-40, 44, 140, i47, 163, 

193, 236, 249, 250, 253, 267 
Criminal, 36-39; punishment of, 
36; adult, 37; juvenile, 37; cases, 
44, 49, 120 



INDEX 



293 



Cuba, 257 

Cumberland Road, 98 

Dead Letter Office, 214 

Debate, 194, 199, 201 

Defectives, 39-41 

Defendant, 44, 47 

Delegates, 114; territorial, 186, 
232, 254 

Deeds, 63; Register of, 136; 64 

Defects, rural schools, 27; jury 
system, 49; self-government, 118 
taxation, 130; 

Democracy, 10; 108; education for, 
31; defects of, 118; growth of, 
273; spirit of, 274; in other na- 
tions, 274 

Descents and Distribution, 70 

Diplomatic Service, 241 

Direct Legislation, 115 

District, school, 26, 43, 137, 185; 
courts, 150, 151; 247, 248 

District of Columbia, 220; courts 
of, 247 

Disease, germs of, 15; cost of, 16; 
of immigrants, 18, 41, no 

Domain, national, 254; eminent, 
80; 257 

Duress, 56 

Duties, customs, 206, 208, 225, 
226, 242, 273 

Education, 24-34, 38, in, 119, 
120, 147, 243, 273 

Electric lines, 97, 103-105 

Elections, 108-123, 147, 184, 185; 
special, 186; contested, 191; 
President, 230 

Electoral College, 231 

Elevated lines, 104 

Eminent Domain, 80, 257 

Enabling Act, 254 

Engineer, state, county, 99 

Equalization, boards of, 128 

Excise, 205, 207 

Exemptions, 129, 265 

Executive, state, 148, 149; na- 
tional, 182, 228-245 

Execution, 48 

Expansion of power, 258, 272 

Ex post facto law, 224, 226 

Extradition, 253 

Factories, 85, 89, 90, 91 



Family, the 5, 6 

Fees, 126 

Felony, 44, 216 

Fire Escapes, 90 

Fish and Game Warden, 150 

Florida, 256 

Foreclosure, 66 

Foreign relations, 181, 241 

Foreigners, 18, 74, 109-111 

France, 10, 274 

Franchise, 119, 104, 126, 141 

Fraud, 60, 112 

Freedom, in; in debate, 194; of 

speech and press, 265, 270 
Free-list, 206 
Freight Rates, loi 
Fumigation, 20 
Gadsden Purchase, 256 
Governor, 18, 139; duties of, 148, 

149; reprieves and pardons, 237; 

requisition, 253; call out militia, 

259 

Government, 9; divisions, n; func- 
tions, II, 12; cost of, 124; local, 
133-146, 177; state, i46-i5i;of 
colonists, 177; during Revolu- 
tion, 178; three departments, 
147, 182; Republican, 258; na- 
tional 177-275 

Habeas Corpus, 224 

Harvard College, 24, 29 

Hawaiian Islands, 256, 257 

Health, public, 14-21; value of, 14; 
relation to community, 14; con- 
ditions necessary to, 15; protec- 
tion of, 17; state board of, 18; 
officers, 18, 136; 37-40; 90, 105 

High school, 29, 32 

Home, 5-8 

Homestead Act, 76 

Hospitals, 40, 41 

House of Representatives, 148, 
184, 188; impeachment, 189; 
revenue bills, 197; 230; 232; 261 

Immigrants, 74; 109-in; tables 
of, 109-no; 237 

Impeachment, 189; sentence of, 
190; 237; 246; 249 

Implied Powers, 220, 273 

Imposts, 205 

Imprisonment, 36, 37, 250 



294 



INDEX 



Income Tax, 261 

Indian Affairs, 200, 243 

Incapable, 39-41 

Inheritance tax, 125 

Initiative and Referendum, 115; 
adoption of, 116; 143 

Industries, 83, 243 

Industrial development, education 
32; schools, 41; 83-95 

Individual, relation to, home, 5; 
community, 7; health, 20; educa- 
tion, 31; land, 76; industry, 84; 
taxation, 124; local government, 
137, 143; state, 147 

Innocent purchaser, 65, 71 

Insane, 40; property of, 43; 53 

Inspector, health, 18, 20; factory, 
90; oil, 150 

Insurance, superintendent, 150 

Institutions, educational, 30; char- 
itable, 41; penal, 37, 41 

Interior, secretary of, 234; depart- 
ment of, 242 

Interstate Commerce Commission, 
102 

Irrigation, 77-78 

Juvenile, criminals, 37; courts, 43, 
136 

Judicial department, 150, 182; 
245-251 

Justice, courts, 43; of peace, 45, 
46, 150; associate, 137, 150 

Judgment, 48 

Jury, 45-49; 249, 268 

Judges, 43, 46, 47, 151, 245 

Judiciary Act, 246 

Jurisdiction, 248 

Kansas, public health, 18-20; 
education, 26, 28, 30, 33; crime, 
37, 38, 39, 41; courts, 43; con- 
tracts, 55, 61, 63, 64; Blue Sky 
Law, 86; labor, 89-92; roads, 
98; rates, loi; foreigners, no; 
voters, 112; primary, 115; taxa- 
tion, 128, 129, local govern- 
ment, 134-136, 138, 140, 143; 
government, 148-151; Consti- 
tution, 153-174; congressmen, 
186; requisition, 253 

Labor, 88-93; labor union, 88; 
regulation of, 89; hours of, 



21, 89; child labor, 90; disputes, 
92; purpose of union, 92; no; 
147; commissioner, 150; 243; 273 

Lakes-to-Gulf Waterway, 100 

Land, the, 74-81; public land 
policy, 74; land ownership, 75; 
government land, 76; tenant 
system, 77; irrigation, 78; sur- 
vey, 78; conveyance of, 63-65; 
of United States, 255-260 

Landlord and tenant, 67; rights of, 
67; moral obligations of, 69 

Law, necessity for, 1-3; protec- 
tion, 2; going to, 49; business, 
51; state, 146; Interstate Com- 
merce, 102; 147; 151; method of 
passing, 198; of nations, 217; 
ex post facto, 224; truancy, 253; 
resistance to, 259; supreme, 262 

Lease, 67, 69 

Legal tender, 211 

Legislative department, state, 148; 
national, 184-227 

Legislature, 148; meeting of, 148; 
187; 254 

Libel, 265 

Librarian, state, 150; of Congress, 
216 

Liberty, meaning of, 3, 5; states, 
147; 258; religious, 264 

Licenses, 126, 206 

Lieutenant-Governor, 148; 149 

Lobbying, 203 

Local government, 11; 98; taxa- 
tion of, 124; 133-144; impor- 
tance of, 137; powers of, 146; 
relation to state, 146 

Local option, 38 

Lockout, 92 

Log-rolling, 203 

Long-and-Short Haul, 102 

Louisiana Purchase, 256 

Mail, conveyance of, 212; classes 
of, 212; robbery of, 237 

Manual Training, 27, 30 

Marque and reprisal, 217; 226 

Mayor, 45, 139, 142 

Messages of President, 239 

Metric system, 211 

Militia, 149, 218, 219, 259 

Military Academy, 25, 242 



INDEX 



295 



Minor, not use cigarettes, 39; 53; 
contracts of, 53-55 

Mints, 210 

Ministers, 241 

Misdeameanor, 44, 45 

Misrepresentation, 60 

Monarchy, 10, 258, 274 

Money, 210, 211, 242 

Monopoly, 87 

Mortgages, 51, 65-67 

Municipal government, 138; de- 
partments of, 139; progress in, 
141; 142; commission form, 142 

Municipal ownership, 141 

Nation, 11, 18; education, 25 
land, 75, 76, 78; trusts, 88 
roads, 98; relation to state, 146 
powers, 146, 272; taxes, 124, 
206; area, 255, 74 

Naturalization, 100, 208 

Naval Academy, 25, 242 

Navy, 200, 209; cost of, 218; 
secretary of, 234; 236; depart- 
ment of, 242; 258 

Negotiable notes, 70 

New England, education, 24; 
government, 133; Confedera- 
tion, 177 

New Mexico, 116, 256 

Newspapers, 192 

Nominations, 113, 232 

Notes, 51; promissory, 70; nego- 
tiable, 70; treasury, 208, 210; 
national bank, 211 

Notice to quit, 67 

Oath of ofiSce, 234, 262 

Offer, 56 

Officers, health, 18, 136; election, 
112; county, 135, 136; township, 
137; of cities, 139-141; state, 
150; of House, 186; of Senate, 
189 

Option, 56 

Order, preservation of, 140; 149, 
219, 259 

Ordinances, 139 

Oregon, 115, 116, 187, 256 

Organization, i; school, 26; of 
farmers, 33; of charity, 40; age 
of, 93; poHtical, 114; city gov- 
ernment, 142; of territory, 254 



Panama, Canal, 100, 257; Repub- 
lic, 257 

Parcels Post, 214 

Pardon, 149, 237 

Parishes, 134 

Parhament, 177, 178, 193, 197 

Partnership, 85 

Patents, 51, 216, 243 

Patriotism, 121 

Patronage, 204 

Peace movement, 218 

Pendleton Bill, 239 

Pensions, 200, 242, 273 

Penitentiary, 37, 44, 53 

Petition, 47; nomination, 115, 116; 
right of, 266 

Philippine Islands, 257 

Piracy, 216 

Plaintiff, 44, 47 

Platform, party, 232 

Pleadings, 48 

Political parties, 113, 118, 231- 

233. 238 

Poll tax, 126, 205 

Policemen, 141 

Poor, care of, 39; sick, 40 

Popular government^ defects of, 
118 

Porto Rico, 257 

Postal Savings Bank, 214 

Postal System, 211-215; postage, 
193, 213; post-offices, 212; post- 
roads, 211; department, 242 

Postmaster-General, 211, 212, 234, 
242 

Preamble, 181; parts of, 182 

Preliminary examination, 45 

President, 114, 115, 190, 199, 203; 
term of, 228; election, 230; 
quahfications, 233; successors, 
233; salary, 234; inauguration, 
234; powers and duties of, 236; 
treaties, 237; appointive power, 
238; messages, 239; duty of, 240; 
cabinet, 240; 259 

Press, freedom of, 265 

Primary, direct, 114; Presidential, 

233 
Printer, state, 150 

Prisons, s^ 
Privateering, 217 



296 



INDEX 



Probate judge, 37, 43. 136 

Prohibition, 38 

Promissory notes, 70 

Property, school, 35; protection of, 
43-50; kinds, 51; bequeath, 70; 
qualifications, in; tax, 125- 
127; 147; church, 265 

Protection, of life, 2, 90; of health, 
17; of person and property, 43- 
50; of State, 258; against slan- 
der, 265; against search and 
seizure, 266 

Public, health, 14; education, 31; 
lands, 74-80; 200, 243; funds, 
129 

Public Utilities, 102, 141 

Punishment, 36, 37, 45, 47, 133, 
236 

Quorum, 191 

Railroads, 97, 100-103; rates of, 
loi; regulation of, 102; con- 
solidation, 103; 126; 212 

Ratification, 180; of amendment, 
188; 255; 260; 261; 263 

Real estate, 63; conveyance of, 63; 
mortgages, 66 

Rebate, loi 

Recall, 116, 117, 143 

Reciprocity, 207 

Reclamation, 77-78; 273 

Redemption, 67 

Reformatory,^ 3 7 

Registration of voters, 112 

Register of deeds, 64, 136 

Religion, 7, in, 262, 264 

Rent, 67, 68, 127 

Representatives, 10, 108; state, 
148; national 184-186, 190, 193 

Reprieve, 236 

Republic, 10. 108, 158 

Requisition, 253 

Responsibility, in home, 5; of 
citizen, 108; fixing of, 141, 143 

Review, Board of, 128 

Rivers, 99 

Roads, 96-99; 133; ^35; i37; 243; 

Cumberland, 98 
Rural, community, 6; schools, 26, 

29, 33; free delivery, 211, 214, 272 
Salaries, state officers, 149; state 

judges, 150, 151; national judges. 



246; cabinet officers, 194; Pres- 
ident, 234; congressmen, 193 

Sanitation, necessity of, 15-16; 
measures of, 19; effect of, 20 

School, work of, i; growth of, 24; 
supervision, 26; common schools 
26; city, 27; rural, 27; high 
school, 29; state schools, 30; 
other classes, 30; property of, 
:^:^; industrial, 37, 41; deaf and 
blind, 41; district, 137; 147 

Secretary, State, 148, 149, 194, 
234, 241; treasury, ^25, 242 

Sections, 80 

Selectmen, 134 

Senate, state, 148; 184; size of, 187; 
three classes, 188; officers of, 
189; try impeachments, 189; 
232; treaties, 237; 240; 261 

Senators, how chosen, 187; direct 
election of, 187; qualifications 
of, 188; salar}^, 193 

Senatorial Pledge, 187 

Sentence, 47 

Session, legislature, 148; congress, 
191 

Sewage, 15 

Sheriff, 46, 48, 136 

Sherman Law, 88 

Short ballot, 117, 142 

Slander, 265 

Smuggling, 207 

Social center, 33 

Speaker, 148, 186, 189, 198; 
powers of, 201 

Speech, freedom of, 265 

Spoils system, 117, 238 

Stamp Act Congress, 177 

State, education, 25; courts, 44; 
land owned by, 75; government 
of, 146-15 1 ; relation to Nation, 
146; 181; 272; relation to other 
states, 146, 152; relation to 
local government, 146; relation 
to individual, 147 

States, admission of, 254; number 
of, 187, 255; maintain order, 
259; powers denied to, 225-227 

Statute of Limitations, 61 

Streets, 103, 138 

Strike, 92 



INDEX 



297 



Subpoena, 46 

Subways, 104 

Subject matter, 58 

Succession, presidential, 233 

Suffrage, in; qualifications for, 
in; for women, 112; 120; 273 

Summons, 46 

Supreme, Court, 44, 150, 246, 261; 
law, 262 

Superintendent, county, 26, 136; 
state, 26, 149, 150; city, 26 

Supervision, school, 26 

Survey, system of, 78-80; 137 

Surveyor, 136 

Tariff, 206; protective, 207; rev- 
enue, 207; 273 

Tax Commission, 129 

Tax, school, 26; 66, 147, 197; 
national, 205; direct, 205; in- 
direct, 206; income, 261 

Taxation, 124-132; purpose of, 
124; kinds, 125; problems of, 
127; collection, 128; equaliza- 
tion, 128; duty of citizen, 130; 
uniformity of, 207; indirect, 
226; exemptions, 129, 265 

Teachers, 26, 28, 30 

Tenement, 16, 38, 105 

Tenant, 67-69; 76, 77 

Term of office, 116; county, 135, 
136; district, 26; state, 148, 149, 
150; congressmen, 184, 187; 
President, 228; judges, 150, 245 

Territory, delegates, 186, 254; 
growth, 256; government, 257; 
273; courts, 247; 232 

Texas, 256 

The Hague, 218 

Titles of NobiHty, 209, 225 

Tobacco, 39 

Topeka, 102, 148 

Town, 133, 138 

Township, 26, 43, 46, 99. ii4, 128, 
129, 133; township-county, 134; 
necessity for, 136; kinds, 137 

Transportation, 96-107; develop- 
ment of, 96; by water, 99; by 
railroads, 100; in cities, 103, 
140, 141, 243 

Treaty, 237, 241 

Treason, 250 



Treasurer, county, 128, 135; town- 
ship, 99, 137; state, 148, 150 

Treasury, notes, 208, 210; sec- 
retary of, 234; department of, 
242 

Trial, 46, 47, 48, 249, 267 

Truancy law, 32, 92, 253 

Trust, 87-92 

Trustee, 99, 137 

Tuberculosis, 16, 21 

Turnpikes, 97 

Tutuila, 257 

Union of colonists, 177-180; 254 

Usury, 59 

Vacancies, in legislature, 148, 149; 
representative, 186; senator, 
188; President, 233; Vice-Pres- 
ident, 189, 233 

Valuation, 128, 129 

Ventilation, 16, 90 

Verdict, 46, 48 

Veto, 199, 200, 204 

Vice-president, 189, 190, 228, 

.235 

Village, 138 

Votes, recorded, 193 

Voting, right of, in, 184; qualifi- 
cations for, III, 264; manner of, 
112; registration, 112; duty of, 
117; method of, 202; right of 
negro, 270; State right of, 252; 
right extended, 273-274 

Wages, 38, 89, 92, 93, 109 

Wagering, 59 

War, Revolutionary, 26, 200, 
power to declare, 217; secretary 
of, 234; 237; 242; Mexican, 256^ 
Spanish- American, 256; Civil, 
III, 254, 272 

Warrant, 45, 267 

Warranty deeds, 64 

Washington, D. C, 25, 220, 246 

Water supply, 15, 141 

Ways and Means, Committee, 200 

Weights and Measures, 211 

West Point, 25, 242 

White House, 235, 240 

Wills, 69 

Workmen's Compensation Acts, 
90 

Writs of Assistance, 266 



AUG 20 1912 



uiDnMi-iY Uh UUNUHESS 



W'WW 




